D.MAHESHWARI, J. - (1.) BY way of this writ petition, the State of U.P. and its officers in the department of Medical and Health Services seek to question the judgment and order dated 09.10.2014 as passed in Claim Petition No. 1972 of 2011, whereby the State Public Services Tribunal, while setting aside the orders questioned by the claimant ( respondent no. 1 herein), has directed the present petitioners to pay him salary for the period 12.07.1993 to 05.04.2009 together with interest @ 7% per annum and for all consequential benefits permissible under the rules. The Tribunal granted such relief to the respondent no. 1 after being satisfied that he was willing to work, but was illegally not allowed to do so for the period of almost sixteen years.
(2.) THE case at hands has its own peculiarity of facts and circumstances with a long drawn dispute between the parties. We may refer only to the facts material and relevant for this writ petition in their feasible chronology as follows: The respondent no. 1 came to be appointed as Health Assistant on 09.01.1978, essentially as a measure of appointment on compassionate ground after his father died while serving the petitioners' department on 18.12.1977. The respondent no. 1, after the said appointment on 09.01.1978, continued to serve with the Chief Medical Officer, Kanpur Nagar, until happening of the events that led to the present dispute.
(3.) BY an order issued on 29.06.1993, the Director, Family Welfare, transferred the respondent no. 1 from Kanpur Nagar to Unnao on administrative grounds. However, a copy of this order dated 29.06.1993 was endorsed to the Chief Medical Officer, Kanpur Nagar with the suggestion that before carrying out compliance of the transfer order, this be got verified that the appointment of the respondent no. 1 was accorded by a competent officer and that his appointment was regular in nature. It was also stated in the endorsement that entire responsibility was of the endorsee because the application of the incumbent had been forwarded by the said Chief Medical Officer. This endorsement has led to various complications and disputes and could be taken note of as under: Seeking to question his transfer, the respondent no. 1 filed a writ petition in this Court bearing No. 25993 of 1993. The said writ petition, filed in the year 1993, remained pending for long and certain orders were passed therein but it does not appear necessary to elaborate on all such orders. Suffice it to notice for the present purpose that ultimately, the State Government, by an order dated 01.10.2007, constituted a Committee comprising of four doctors for a report after going into the matter. A learned Single Judge of this Court disposed of the said writ petition No. 25993 of 1993 on 29.10.2007 with the following order: "On the matter being taken up today, from the side of the state communication dated 01.10.2007 sent by Chief Medical Officer, Kanpur has been produced. Said communication indicates that Committee comprising four Doctors has been constituted for going into the matter and thereafter submitting its report within three months. Once Committee has been constituted to take into account the factual aspect of the matter and said factual aspect of the matter is to be taken into account by the Committee constituted by the Chief Medical Officer, Kanpur vide letter dated 01.10.2007 as such it is hereby directed that said proceedings be concluded within three months as has been mentioned in the said letter itself and as per the outcome of the said inquiry final decision be taken by the authority concerned. It is open to the aforesaid Committee to call the petitioner also in the said proceeding also. With the above direction present writ petition is disposed of. ;