- (1.) Heard learned Counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) Petitioners, before this Court, who are three number claim to be initially appointed in Shri Durga Ji Homeopathic Medical College and Hospital, Chandeshwar, Azamgarh, Government Ghazipur Homoeopathic Medical College and Hospital, Ghaziur and Sri Durga Ji Homoeopathic Medical College and Hospital, Ghaziur and Sri Durga Ji Homoeopathic Medical College and Hospital, Chandeshwar, Azamgarh respectively. According to the petitioners, they were appointed on 11th August, 1975,3rd August, 1972 and 20th July, 1975 respectively on the posts of Second Clerk, Assistant Clerk and Cashier respectively. It is then stated that the petitioner No. 1 was granted senior scale of Rs. 230-380/- w.e.f. 1st August, 1977 and thereafter, he was promoted as Accountant on 6th March, 1980. According to the petitioner No. 2 he was granted promotion as Accountant on 1st April, 1973. Both the aforesaid medical colleges and hospitals were provincialized by the State of Uttar Pradesh vide notification dated 11th December, 1981. In the provincialisation notification, it was specifically provided that so long as the State Government does not take final decision in the matter of categorization and absorption of the staffs of the medical colleges and hospitals so provincialized, employees shall continue to draw the salary in the same scale as they were getting on the date of provincialization. The Government order dated 11th December, 1981 specifically provides that the employees concerned will have an option to opt for the Government employment or to refuse the same. Qua the employees who opt Government service after such provincialization, the State Government shall take a decision having regard to their qualifications and the duties discharged qua absorption in the Government service and such decision of the Government had been made final. The petitioners were opted for absorption as Government servants under the provincialization order. The State Government vide order dated 25/26th August, 1987 absorbed the petitioners as junior clerk in the pay-scale of Rs. 354-550. Copy of the Government order dated 25/26th August, 1987 has been enclosed as Annexure- 7 to the writ petition, and amongst others it is specifically recorded that the matter was examined by the State Government and with reference to the posts available in the Government National Homoeopathic Medical College and Hospital, Lucknow, the employees of the provincialized medical colleges and hospitals have been absorbed as Government servants on the respective posts having regard to the posts available and the qualifications possessed by the employees concerned.
(3.) Petitioners not being satisfied, have approached this Court by means of the present writ petition alleging therein that their absorption as junior clerk is legally not justified as the petitioner No. 1 and petition No. 2 were holding the posts of Accountant while the petitioner No. 3 was holding the post of Cashier on the date of provincialization. Therefore, they are entitled to be absorbed against the aforesaid posts only and to the pay-scale admissible to the said posts. It appears that during the pendency of the writ petition, their representations for the purpose were considered by the Director, Homoeopathic, U.P. at Lucknow. He by means of the order dated 4th September, 2002 enclosed as Annexure-1 to the Amendment Application, held that it is not practically possible to re-designate the petitioners in the manner they had prayed for. They would be treated as junior clerks only. Letter of the Director specifically records that the State Government had taken a decision in the matter in terms of the provincialization order. Order of the Director has been challenged by means of the amendment application. I have considered the submissions made by the learned Counsel for the parties and have examined the records of the present writ petition.;