- (1.) THE petitioner has sought a writ of mandamus commanding respondent no. 3 to act in compliance of order dated 07.06.2012 passed by Additional Director, Medical Health and Family Welfare, Azamgarh (hereinafter referred to as the "AD, Azamgarh") containing a direction that in the upgraded Primary Health Centers, senior most medical officer posted shall function as Incharge Medical Officer and at the upgraded Primary Health Centers/Community Heath Centers, the clerks already appointed and posted shall maintain the record and discharge administrative and financial duties, as per the directions of Incharge Medical Officer. The additional clerk, if any, should be transferred elsewhere and while doing so, seniority should be taken care of.
(2.) THE dispute relates to Primary Health Center (Block Level) Bansdih, Ballia (hereinafter referred to as the "PHC, Bansdih"). It is said that it was upgraded vide Government Order dated 31.10.1986 whereby following posts were sanctioned thereat: Sl. No. Name of Post No. of post 1 Surgeon 1 2 Radiologist 1 3 Gynaecologist 1 4 Xray Technician 1 5 Pharmacist (Trained) 1 6 Lab Technician 1 7 Staff Nurse 3 8 Class IV (One wardboy, two 6 sweepers, one washerman, one cook ) These posts were in addition to existing posts in PHC Bansdish for the reason that no document is shown to this Court to suggest about cessation or abolition of existing posts after creation of abovementioned posts. The Government order also says that now PHC Bansdih shall be made and known as CHC.
(3.) NO post of Superintendent/Incharge Medical Officer was sanctioned. Prior to aforesaid Government order, in PHC, Bansdih, there were two medical officers, two ward boys, one sweeper/chowkidar, one pharmacist and one lab technician besides other block level posts. One post of clerk was also sanctioned.;