- (1.) WE have heard Shri Ajay Bhanot, learned counsel for the petitioner. Shri Rajeev Mishra appears for the respondent no. 4. Learned Standing Counsel represents the State respondents.
(2.) THE issue of officiating appointment on the post of Regional Ayurvedic and Unani Officer, Varanasi has been taken up again after an interim order was passed on 8.7.2010 in Writ Petition No. 39225 of 2010.
(3.) THE petitioner is aggrieved by the order dated 1st August, 2011 by which Dr. Jagdu Ram Patel, Medical Officer, Rajkiya Ayurvedic Chikitsalaya, Uttaroth, Chandauli has been handed over the charge of Regional Ayurvedic and Unani Officer, Varanasi. The order has been challenged on three grounds namely that the petitioner is senior to Dr. Jagdu Ram Patel in as much as the petitioner was appointed in the year 1978 on ad hoc basis, and Dr. Jhagdu Ram Patel was appointed by direct recruitment through U.P. Public Service Commission on 31.10.1985. It is submitted that the petitioner cannot be denied benefit of the ad hoc services. His appointment on ad hoc services was made in accordance with the Rules at the relevant time and thus he is senior to Dr. Jhagdu Ram Patel. It is further submitted that the petitioner was asked to hand over the substantive post of Medical Officer and was given the officiating charge of Regional Ayurvedic and Unani Officer, Varanasi. He does not hold any substantive charge to revert back and to continue to work and that Dr. Patel under the policy of the department could not be posted in his home district at Varanasi.;