TRIPATHI, J. - (1.) THIS writ petition is directed against an order No. II.F.86E/ST/1354, D/-3-11-1961 passed by the Government of Uttar Pradesh abolishing the permanent ex-cadre post of the Anaesthetist at the U.H.M. Hospital Kanpur and thereby dispensing with the services of the petitioner who was the incumbent of that post.
(2.) THE petitioner who is a Graduate in Medicine and Surgery was appointed a permanent Anaesthetist to the Medical College, Luck now in January 1945, While employed there he applied for the post of an Anaesthetist at the State Hospitals at Kanpur and was appointed as such by the Government on terms and conditions mentioned in its order D/- March 31, 1951 (Annexure-2 to the petition) and the petitioner joined the post on the 10th of September, 1951. Subsequently he was confirmed in his post with effect from September 10, 1955. In 1957 as the petitioner refused to go on transfer to Varanasi, he was suspended and then he filed a Writ Petition No. 415 of 1958 in this Court which was allowed and the order of suspension was quashed by Honble Tandon, J. on the ground that as the post held by the petitioner was an ex-cadre post, he was not amenable to transfer to some other place from Kanpur. Accordingly, the petitioner was reinstated in his post of Anaesthetist at the U. H. M. Hospital at Kanpur under a Government order D/- May 27, 1959.
(3.) ON 4th of March, 1960 the Additional Director of Medical and Health Services addressed a letter to the Civil Surgeon, Kanpur directing him to enquire from the petitioner "if he is prepared to accept the P. M. S. (I) cadre post of Anaesthetist (Temporary) at one of the hospitals in this State, in view of the fact that the post of Anaesthetist at Kanpur is superfluous now." The petitioner, however, refused to accept the offer.;