- (1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has challenged the order dated 30.04.1982 issued by the Chief Administrative Officer, State Blood Bank U.P. Lucknow whereby petitioner was relieved to report for duty in the office of the Chief Medical Officer, Jaunpur under Rural Filaria Project on the vacant post. Since the petitioner had reported on duty as per aforesaid order only on 17th of August 1982. He has also prayed for treating him on duty during the period from 01.05.1982 to 17.08.1982. The petitioner was also posted as Lab Assistant Technician in ESI Hospital, Ghaziabad under medical cadre by the Joint Director, Paramedical. The petitioner states that ESI Hospital as well as Dispensary is governed under the Government of India. Therefore, petitioner's services rendered in the ESI should be treated to have been rendered in the Hospital of the State Government and accordingly the petitioner may be given all the consequential benefit of service rendered in the ESI department. The petitioner remained in ESI Hospital w.e.f. 18th of August 1982 to 11th of August 1983.
(3.) THROUGH the counter affidavit the respondents have submitted that initially the petitioner was appointed in July 1967 on the post of Laboratory Technician, at District Deoria, while he was working in District Sitapur as Lab Technician. He made an application for transfer to State Blood Bank, Lucknow which is the medical side on the ground of his sickness of his father. Therefore the petitioner was transferred on the post of Lab Technician in Blood Bank, Lucknow vide order dated 28.04.1977. The petitioner's lien on the post remained in the health department, as he was transferred in the Blood Bank, Lucknow only on the humanitarian ground. It is stated that cadre of medical side as well as health is different, thus it is also stated that petitioner maintained his seniority in the health department. Therefore, the petitioner did not maintain lien in the medical side rather his lien on the post was maintained on the health side which was his original cadre. It is also stated that petitioner also maintained his cadre in the health side. The petitioner was posted on Ex -cadre post in the State Blood Bank. It is stated that before the State Public Service Tribunal, the petitioner himself admitted that in the medical and health services there are two cadre of Lab Technician; one cadre is of Assistant of Lab Technician under the Malaria and Filaria Control Programme and second is the medical cadre of Assistant Lab Technician appointed against the post of Medical side and posted in different medical units which included Pathological Laboratories including Blood Banks, T.B. Hospitals, Leprosy Hospitals, E.S.I. Hospitals and Mental Hospitals etc. It is further stated that petitioner was appointed as Lab Technician on 24.07.1967 in the Malariology Unit which is on the health side and on his application dated 14.04.1977 he was transferred in the Blood Bank on humanitarian grounds. He was transferred back on 12.09.1980 to his parent Unit. It is stated that by means of order dated 06.08.1982 the petitioner was posted at Ghaziabad in medical side pursuant to the order passed by this Court which was served upon the petitioner on 17.08.1982, but the petitioner did not join, rather he challenged his posting by amending the writ petition. The petitioner was relieved from State Blood Bank, Lucknow on 30.04.1982 on his transfer from Lucknow to Jaunpur, but he did not join at Jaunpur nor did he join at Ghaziabad, thus he seized to perform in government work w.e.f. 01.05.1982. Since petitioner did not report to duty, therefore, he is not entitled for salary.;