- (1.) Heard learned counsel for parties and perused the record.
(2.) This writ petition is directed against the order dated 03.05.2010 whereby petitioner along with other officers, working in Provincial Medical and Health Service Cadre (hereinafter referred to as "PHMS"), has been terminated by exercising power under Article 311(2) and (3) of the Constitution of India, on the ground that he has been continuously absent from service and for this reason, neither medical services are being rendered to needy people, nor any other person can be appointed, nor even departmental inquiry is practicable since petitioner is continuously absent and his whereabouts are not known.
(3.) Facts in brief, as borne out from record are that the petitioner was selected for U.P. Provincial Medical and Health Services Cadre by U.P. Public Services Commission and vide appointment letter dated 30.04.1994, appointed as "Medical Officer" in the pay scale of Rs. 2200-4000/-. Initially, he was posted under Chief Medical Officer, Mathura, where he joined on 09.06.1994. Therefrom, he was transferred to Hathras (now named as "Mahamaya Nagar") in the year 2000 and then to Etah on 04.08.2004. Vide order dated 10.05.2008, petitioner was again transferred under Chief Medical Officer, Kanshiram Nagar (hereinafter referred to as the "CMO, Kanshiram Nagar).;