- (1.) Heard Sri Samir Sharma, learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The above noted writ petition has been filed by the petitioner challenging the order dated 15.04.2010 and order dated 22.04.2009 to the extent, they provide that the actual promotion of the petitioner on the post of Joint Director, Grade, would take effect from the date of his actual joining and the petitioner would be entitled to salary of the promotional post for the period of Notional Promotion (i.e., from 11.02.2008 till he joined on the promotional post of Joint Director Grade). The petitioner has further prayed for a direction to the respondents to pay difference of salary of the promotional post of Joint Director Grade to the petitioner w.e.f., 11.02.2008 till the date of joining of the petitioner on the said post alongwith interest @ 12%.
(3.) The brief facts of the case are that the petitioner was posted as Additional Nagar Swasthya Adhikari, Nagar Nigam, Allahabad, when by the order dated 25.06.2004, the respondent no.3, Director General Medical & Health Service, Lucknow transferred him to District Sonebhadra. The aforesaid transfer order was not communicated to the petitioner. Since there was no other Doctor to perform the duties at Nagar Nigam, Allahabad, therefore, he was not relieved and by various letters of Nagar Ayukt and the District Magistrate, the respondent no.3 was requested to cancel the transfer order of the petitioner. It was by the order dated 30.11.2004 that the respondent no.1 directed the District Magistrate to relieve the petitioner from Allahabad immediately and he joined at Sonebhadra. He was always willing to join at Sonebhadra but could not join because of not being relieved. However, the salary of the petitioner w.e.f., July,2004 was not being paid and after repeated futile representations, he approached this Court by way of Writ Petition No.3673 of 2005, which was disposed of with the direction dated 27.01.2005 to the respondents to decide his grievance regarding posting and arrears of salary. An order dated 10.03.2005 was passed by the respondent no.2 in compliance of this Courts' order dated 27.01.2005, whereby, the petitioner came to know that by means of order dated 20.10.2004, a departmental proceedings has been initiated against him for violation of the transfer order dated 25.06.2004 and he has been placed under suspension by the order dated 14.01.2004. The petitioner challenged the order dated 10.03.2005 before this Court by way of Writ Petition No.27412 of 2005 and by the order dated 06.04.2005, the suspension order passed against the petitioner was stayed, subject to the condition that he will join the new place of posting within 7 days and accordingly the petitioner submitted his joining report at Sonebhadra on 12.04.2005.;