Court No. 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 2448 of 2001 (Old No. 16932 of 1999). 1. Dr. Ved Prakash Arya S/o Shri Gendan Lal Ji, Working as Demonstrator in Gurukul Rajkiya Ayurvedic College, Hardwar. 2. Dr. N.C. Tiwari S/o Sri Mohan Chandra Tiwari Demonstrator, Rishikesh Rajkiya Ayurvedic College, Hardwar. 3. Dr. Naresh Kumar S/o Sri Bhopal Singh, Demonstrator, Rishikul Rajkiya Ayurvedic College, Hardwar. 4. Dr. Shashi Prabha Thakral W/o Dr. V.K. Thakral, Demonstrator, Rishikul Rajkiya Ayurvedic College, Hardwar. 5. Ashok Kumar Awasthi S/o Sri Ram Naresh Awasthi, Demonstrator, Rishikul Rajkiya Ayurvedic College, Hardwar. 6. Dr. Virjees Ahmad Khan S/o Late Manauwar Ali Khan, Demonstrator, Rajkiya Unani Medical College, Allahabad. 7. Dr. Mohd. Parvez S/o Sri Abdul Mugnikhan, Demonstrator, Rajkiya Unani Medical College, Allahabad. 8. Dr. Yudhishthar Singh Rathaur S/o Shri Vijay Bahadur Singh, Demonstrator, Rajkiya Ayurvedic College, Bareilly. 9. Dr. Bholi Gupta, D/o L.P. Mangala, Demonstrator, Gurkul Rajkiya Ayurvedic College, Hardwar. Versus 1. State of Uttaranchal through Secretary, Medical Education, Uttaranchal, Dehradun. 2. Director, Ayurvedic Evam Unani Sewayen, Dehradun. 3. Gurukul Rajkiya Ayurvedic College, Hardwar. 4. Rishikul Rajkiya Snakottar Mahavidyalaya Hardwar through its Principal, 5. Rajkiya Ayurvedic College, Bareilly, 6. Rajkiya Unani Medical College, Allahabad. ……… Respondents. Date: March 25, 2008 Hon’ble P.C. Verma, J. Heard Sri Pankaj Purohit, learned counsel for the petitioners and Sri H.M. Raturi, learned Standing Counsel for the respondents/State of Uttarakhand. 2. The petitioners were appointed in the existing State of Uttar Pradesh in different Government Ayurvedic and Unani Medical Colleges on the post of Demonstrator after selection through Public Service Commission. The petitioners have been regularized after completion of three years’ service on the cut of date provided under the Uttar Pradesh Regularisation of Ad hoc Appointments (On Posts Outside the Purview of the Public Service Commission) Rules, 1979 by the Central Council of Indian Medicines (CCIM). 3. The Central Council of Indian Medicines (CCIM) took a policy decision to abolish the post of Demonstrator and existing Demonstrators were re- designated as Lecturer and pay scale of Lecturer was given to them. The policy decision of CCIM was in the course of implementation. In the meantime, existing State of Uttar Pradesh was bifurcated and State of Uttar Pradesh and State of Uttarakhand were created. In State of U.P. the policy decision of the CCIM has been implemented, vide Government Order No. 2354/71-2- 2007 431/06, Medical Education Section-2, Lucknow, dated 28th September, 2007, Photostat copy of which is taken on record. Since the petitioners are also part of the same category before the bifurcation of the States, after the bifurcation they are entitled to the benefit of that policy decision as has been implemented in the State of Uttar Pradesh. Therefore, the State of Uttarakhand is directed to implement the recommendation of CCIM within a period of one month from the date of receipt of certified copy of this order. The Standing Counsel for the State of Uttarakhand is directed to send the copy of said Government Order issued by U.P. Government dated 28th September, 2007 alongwith certified copy of this order to the State of Uttarakhand within fifteen days. 4. Accordingly, the writ petition is allowed. No order as to costs. (P.C. Verma, J.) 25.03.2008 P.Singh