High Court · 2025

3.Learned counsel for the petitioner submits that by the impugned order, the respondent No.4 has been posted as Chief Medical Officer, Sultanpur. He is junior to the petitioner. The petitioner is the senior-most doctor in district Sultanpur and therefore, he should be posted as Chief Medical Officer, Sultanpur. He further submits that the petitioner is getting salary from the office of Chief Medical Officer. Attention of this court has been invited towards order passed by a Division Bench of this court in Civil Misc. Writ Petition No.42842 of 2009 Dr. Lallan Prasad versus State of U.P. and others where an affidavit has been filed by Principal Secretary, Medical Health and Family Welfare, Government of U.P. demonstrating the policies of the State Government regarding posting of Level- 4 and above officers in the U.P. Provincial Medical and Health Service and on the strength of this affidavit, it is submitted by petitioner's counsel that the petitioner who is the seniormost doctor in district Sultanpur should not be subjected to humiliation and work under a junior officer. It is further submitted that the Government Order dated 14.6.2011 provides that while appointing a Chief Medical Officer, it shall be ensured that no one senior is posted and permitted to work under a junior officer. Therefore, the impugned order is liable to be set aside.

4.Learned standing counsel on the basis of written instructions which are taken on record submits that the petitioner has not been posted under a junior officer; rather he has been posted in a 100-bedded hospital under Dr.Raj Kamal Chaurasiya who is senior to the petitioner Dr. Girjesh Chandra and the contention that the petitioner is senior is false. The petitioner is working under Dr. Raj Kamal Chaurasiya who is senior to him (petitioner).

5.A perusal of para 3(d) of the affidavit filed by the the Principal Secretary in Writ Petition No.42842 of 2009(supra) shows that it will be ensured that the doctor being posted in the respective establishment, i.e. Office of the Chief Medical Officer, Chief Medical Superintendent, Chief Medical Superintendent (Female) and District Tuberculosis Officer is senior most in the respective establishment. It means that while posting the petitioner or any other incumbent in District Joint Hospital, Beersinghpur, it has to be ensured that while making somebody as Chief Medical Superintendent of the said hospital, no person junior to that person should be posted under him. In the present case, Dr. Rajkamal Chaurasiya who is posted at Chief Medical Superintendent in Beersinghpur hospital, Sultanpur which is an independent hospital is senior to the petitioner. Learned counsel for the petitioner could not show as to how any right has accrued to him to be posted as Chief Medical Officer. Thus, the question of hostile discrimination does not arise.

6.From perusal of the record as well as the written submissions, this court is of the opinion that in different establishments in district Sultanpur, i.e. the office of Chief Medical Officer, Sultanpur, District Joint Hospital, Beersinghpur, Sultanpur as well as other establishments, apparently, only senior-most persons in that establishment have been given the charge. Dr. Rajkamal Chaurasiya who is senior to the petitioner has been posted in Beersinghpur Hospital where the petitioner has been directed to work. The contention of learned counsel for the petitioner that he is the senior-most doctor in the district and should be posted as Chief Medical Officer is mis-conceived. The Government order dated 14.6.2011 appears to have been issued on the same line and in consonance with the affidavit given by the Principal Secretary, Medical Health in the above referred writ petition. In para 3 of the said Government Order dated 14.6.2011, again it has been stated that while posting a doctor in different establishments, i.e. office of the Chief Medical Officer, Chief Medical Superintedent, Chief Medical Superintedent (Female) and District Tuberculosis Officer, it shall be ensured that in these establishments, no doctor who is senior to the Chief Medical Officer/Chief Medical Superintendent or District Tuberculosis Officer is working under the respective officer in that establishment.

7.As regards contention of learned counsel for the petitioner that the petitioner is getting salary from the office of Chief Medical Officer, Sultanpur, it has been submitted by learned standing counsel that the Chief Medical Officer is a nodal officer and the letter dated 11.9.2023, Annexure No.11 has been issued by the Director (Administration) to the Chief Medical Officer, Sultanpur. It is submitted that on his own, the Chief Medical Officer, Sultanpur who is junior to the petitioner could not have issued letter 22.7.2023 seeking direction from the Director (Administration) in regard to the petitioner. He is supposed to coordinate and comply with the direction of the headquarter as well as the State government. Even otherwise, a perusal of Annexure No.11 shows that the petitioner has been directed to be posted in hundred bedded hospital and not under Chief Medical Officer, Sultanpur. The petitioner has failed to show any of his right to claim posting as Chief Medical Officer, Sultanpur.

8.In view of what has been discussed hereinabove, the writ petition being bereft of merit is dismissed. Order Date :- 29.4.2025 kkb/ KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

3.Learned counsel for the petitioner submits that by the impugned order, the respondent No.4 has been posted as Chief Medical Officer, Sultanpur. He is junior to the petitioner. The petitioner is the senior-most doctor in district Sultanpur and therefore, he should be posted as Chief Medical Officer, Sultanpur. He further submits that the petitioner is getting salary from the office of Chief Medical Officer. Attention of this court has been invited towards order passed by a Division Bench of this court in Civil Misc. Writ Petition No.42842 of 2009 Dr. Lallan Prasad versus State of U.P. and others where an affidavit has been filed by Principal Secretary, Medical Health and Family Welfare, Government of U.P. demonstrating the policies of the State Government regarding posting of Level- 4 and above officers in the U.P. Provincial Medical and Health Service and on the strength of this affidavit, it is submitted by petitioner's counsel that the petitioner who is the seniormost doctor in district Sultanpur should not be subjected to humiliation and work under a junior officer. It is further submitted that the Government Order dated 14.6.2011 provides that while appointing a Chief Medical Officer, it shall be ensured that no one senior is posted and permitted to work under a junior officer. Therefore, the impugned order is liable to be set aside.

4.Learned standing counsel on the basis of written instructions which are taken on record submits that the petitioner has not been posted under a junior officer; rather he has been posted in a 100-bedded hospital under Dr.Raj Kamal Chaurasiya who is senior to the petitioner Dr. Girjesh Chandra and the contention that the petitioner is senior is false. The petitioner is working under Dr. Raj Kamal Chaurasiya who is senior to him (petitioner).

5.A perusal of para 3(d) of the affidavit filed by the the Principal Secretary in Writ Petition No.42842 of 2009(supra) shows that it will be ensured that the doctor being posted in the respective establishment, i.e. Office of the Chief Medical Officer, Chief Medical Superintendent, Chief Medical Superintendent (Female) and District Tuberculosis Officer is senior most in the respective establishment. It means that while posting the petitioner or any other incumbent in District Joint Hospital, Beersinghpur, it has to be ensured that while making somebody as Chief Medical Superintendent of the said hospital, no person junior to that person should be posted under him. In the present case, Dr. Rajkamal Chaurasiya who is posted at Chief Medical Superintendent in Beersinghpur hospital, Sultanpur which is an independent hospital is senior to the petitioner. Learned counsel for the petitioner could not show as to how any right has accrued to him to be posted as Chief Medical Officer. Thus, the question of hostile discrimination does not arise.

6.From perusal of the record as well as the written submissions, this court is of the opinion that in different establishments in district Sultanpur, i.e. the office of Chief Medical Officer, Sultanpur, District Joint Hospital, Beersinghpur, Sultanpur as well as other establishments, apparently, only senior-most persons in that establishment have been given the charge. Dr. Rajkamal Chaurasiya who is senior to the petitioner has been posted in Beersinghpur Hospital where the petitioner has been directed to work. The contention of learned counsel for the petitioner that he is the senior-most doctor in the district and should be posted as Chief Medical Officer is mis-conceived. The Government order dated 14.6.2011 appears to have been issued on the same line and in consonance with the affidavit given by the Principal Secretary, Medical Health in the above referred writ petition. In para 3 of the said Government Order dated 14.6.2011, again it has been stated that while posting a doctor in different establishments, i.e. office of the Chief Medical Officer, Chief Medical Superintedent, Chief Medical Superintedent (Female) and District Tuberculosis Officer, it shall be ensured that in these establishments, no doctor who is senior to the Chief Medical Officer/Chief Medical Superintendent or District Tuberculosis Officer is working under the respective officer in that establishment.

7.As regards contention of learned counsel for the petitioner that the petitioner is getting salary from the office of Chief Medical Officer, Sultanpur, it has been submitted by learned standing counsel that the Chief Medical Officer is a nodal officer and the letter dated 11.9.2023, Annexure No.11 has been issued by the Director (Administration) to the Chief Medical Officer, Sultanpur. It is submitted that on his own, the Chief Medical Officer, Sultanpur who is junior to the petitioner could not have issued letter 22.7.2023 seeking direction from the Director (Administration) in regard to the petitioner. He is supposed to coordinate and comply with the direction of the headquarter as well as the State government. Even otherwise, a perusal of Annexure No.11 shows that the petitioner has been directed to be posted in hundred bedded hospital and not under Chief Medical Officer, Sultanpur. The petitioner has failed to show any of his right to claim posting as Chief Medical Officer, Sultanpur.

8.In view of what has been discussed hereinabove, the writ petition being bereft of merit is dismissed. Order Date :- 29.4.2025 kkb/ KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench