IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 179 of 2008 (S/B) Dr. R.K. Sharma, S/o Late Sri Bal Krishan Sharma, R/o 308, Srawan Nath Nagar, Haridwar, Formerly posted as Licensing Officer, At Directorate, Ayurvedic & Unani Service, Dehradun. ……….…..Petitioner. Versus (1) State of Uttarakhand, through Principal Secretary, Health, Education, Health Family Welfare & Ayush Wing, Civil Secretariat Subhash Road, Dehradun. (2) Director Ayurvedic & Unani, Uttarakhand, Dehradun. ……………..Respondents. Sri Ajay Veer Pundir, Advocate, for the petitioner. Sri P.C. Bisht, Brief Holder, for the Respondents. Hon'ble Prafulla C. Pant, J. Hon’ble B.S. Verma, J. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 21.07.2008 (copy annexure 8 to the writ petition), whereby the 2 petitioner has been posted as Officiating District Ayurvedic & Unani Officer at Champawat. A mandamus has also been sought to give the petitioner charge of Licensing Authority. (2) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed on their behalf. (3) Brief facts of the case are that the petitioner joined on the post of Licensing Authority at Directorate of Ayurvedic & Unani under the Government Order No. 994/XXVIII-1-2005- 18/2004, Dehradun, dated 2nd July 2005. However, it appears that the respondents relieved the petitioner for State of U.P. vide order dated 02.07.2007, which was challenged by the petitioner by filing a Writ Petition No. 44 of 2007 (S/B). This Court, vide its order dated 01.11.2007 allowed the writ petition with certain directions. Special Leave Petition No. 24911 of 2007 filed by the respondents against the order dated 01.11.2007, passed by this Court, was dismissed by the apex court vide its order dated 15.05.2008. Meanwhile, the Government of India allocated the petitioner State of Uttarakhand vide its order dated 24.03.2008. Finally, the petitioner has been 3 posted as Officiating District Ayurvedic and Unani Officer at Champawat. Said order is challenged by the petitioner on the ground that the petitioner is senior officer and is being humiliated by posting him in officiating capacity while juniors to him are being given postings in the Directorate of the Ayurvedic and Unani Medicine. (4) A counter affidavit has been filed on behalf of the respondents in which it has been stated that the impugned order has been passed in compliance of the order passed by the apex court in S.L.P. No. 24911 of 2007. (5) The order of the apex court, passed on 15.05.2008 in S.L.P. filed by the respondents reads as under: “In view of the Order dated 24.03.2008 issued by the Ministry of Personnel Public Grievance and Pension (Personnel and Training Department), Government of India, New Delhi, this special leave petition has now become infructuous as we find from the said Order that as directed by the 4 Central Government Dr. Rama Kant Sharma, respondent no. 1, shall be deemed to have been an Officer of the State of Uttarakhand and not of the State of Uttar Pradesh. That being the position, the respondent shall join the services in the State of Uttarakhand within a period of 15 days from this date as Medical Officer and also in accordance with law. The special leave petition is accordingly dismissed as having become infructuous.” The State Government appears to have taken note of the expression ‘Medical Officer’ mentioned in the order dated 15.05.2008, passed by the apex court. However, we do not find any sufficient reason on the part of the State Government to post the petitioner in officiating capacity, insulting him at the fag end of his career (as it is alleged that he is due to retire within four months), particularly his juniors are given postings in the Directorate. However, we are not happy with the situation that the petitioner 5 instead of joining his posting directly filed this writ petition. (6) Having heard learned counsel for the parties and after going through the papers on record, we think it just and proper that the petitioner should first join his duties at Champawat and, thereafter, he can make a representation to the respondents for redressal of his grievances. (7) Accordingly, this writ petition is disposed of with the direction that the petitioner shall join his duty in compliance of the impugned order dated 21.07.2008, at Champawat, and within 15 days, thereafter, he may make a representation for redressal of his grievances to the Respondent No. 1, and the respondent No. 1 shall decide the same within a period of one month, thereafter. (Stay Application No. 5027 of 2008 also stands disposed of). (B.S. Verma, J.) (Prafulla. C. Pant, J.) 23.10.2008 NS 6