SUNIL AMBWANI,J. - (1.) HEARD Sri B.N. Singh, leaned Counsel for the petitioner and learned Standing Counsel.
(2.) BRIEFLY stated the facts giving rise to this writ petition are that the petitioner was appointed as Basic Health Worker, vide order of the Chief Medical Officer, Jalaun at Orai dated 15 -12 -1989 and was required to join at the Primary Health Centre Nadigaon. She was not allowed to join and was not paid her salary. She filed a writ petition No. 135 (SS) of 1995 before the Lucknow Bench of this Court which was disposed of on 16 -1 -1995 with the directions to the Director, Maternity and Child Welfare (MC) U.P. to consider her representation. A charge -sheet was issued to the petitioner for remaining absent from duties to which she submitted a reply denying the allegations and requested for permission to join. By an order dated 9 -5 -1995 passed by the Chief Medical Officer, Jalaun at Orai her services were terminated under U.P. Temporary Government Servant (Termination of Service) Rules, 1975, with immediate effect making her entitled to one month's salary in lieu of notice. The termination order is under challenged in this writ petition, which was filed at Lucknow on 26 -5 -1995, as the petitioner has challenged the vires of Section 5 -B of U.P. Public Services Tribunals Act, 1976 as amended in 1992; Notices were issued to the Advocate General. On 28 -8 -1995, the operation of the termination order was stayed by the Court.
(3.) THE matter came up for hearing on 17 -9 -2002. The Court passed following orders on the writ petition : “This is a writ petition challenging the order dated 9th May, 1995 passed by Chief Medical Officer, Jalaun terminating the services of petitioner. This case is not cognizable by Lucknow Bench but it is cognizable by Allahabad High Court, Allahabad. Let this file be sent to Allahabad High Court, Allahabad, if possible, within one month and thereafter the case may be listed before the appropriate Court at Allahabad.”;