- (1.) HEARD learned Counsel for the petitioner, Sri Ashok Kumar Verma, learned Counsel for respondent No. 3 and the learned Standing Counsel appearing for opposite parties 1 & 2.
(2.) PETITIONER who is officiating on the post of Regional Ayurvedic and Unani Officer at Gorakhpur Region, Gorakhpur had approached this Court under Article 226 of the Constitution of India feeling aggrieved with the impugned order by which he has been directed to handover the charge to respondent No. 3. The submission of petitioner's counsel is that in the seniority list, the petitioner is at serial No. 226 whereas respondent No. 3 is at serial No. 316. It has been further submitted that in the impugned list of cadre the petitioner is at serial No. 12 whereas respondent No. 3 is at serial No. 68.
(3.) EARLIER the petitioner had filed writ petition No. 1135 (SB) of 2009 in which a Division Bench of this Court had directed the State Government to take a fresh decision with regard to officiating charge and also directed to ensure that seniormost person be given the charge of higher post and not to a junior person. In consequence thereof, the State Government by an order dated 13.08.2009 permitted the petitioner to continue on the post of Regional Ayurvedic and Unani Officer, Gorakhpur.;