IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1159 of 2004 (S/S) (Old No. 6231 of 2000) Narendra Singh Chauhan S/o Late Raghuveer Singh R/o Rani Pokhari, Dehradun At present working as Health Inspector C.S.C. Doiwala, Dehradun & 8 others. ….…Petitioners. Versus State of U.P. through Principal Secretary Medical Health and Family Welfare Department, U.P. Civil Secretariat Lucknow & others. ……….Respondents. Shri V.P. Bahuguna, Advocate for the petitioners. Shri N.P. Sah, Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioners have sought writ in the nature of mandamus commanding the respondents to designate the petitioners as Food Inspectors, treating them as Sanitary Inspectors. A further mandamus has been sought that the petitioners be allowed to undergo Food Sampling Training for performing duties as Food Inspectors. 2 3. Petitioners are Health Inspectors, posted with different Primary Health Centre/Community Health Centre. It is pleaded in the writ petition that in the year 1979, Government of U.P., decided to appoint all Health Inspectors as Sanitary Inspectors. Copy of said Government Order dated 05.10.1979, is annexed as annexure-11 to the writ petition. Learned counsel for the petitioners submitted that petitioners had undergone the necessary training for getting designated as Sanitary Inspectors. Copies of the Sanitary Inspectors Certificate, issued by State Medical Faculty with regard to the petitioners are annexed as annexure-2, annexure-3, annexure-4, annexure- 5, annexure-8 and annexure-9 to the writ petition. The petitioners’ grievance is that even after undergoing said training, they are yet to be appointed as Sanitary Inspectors. It is further pleaded in the writ petition that had the petitioners been appointed as Sanitary Inspectors on completion of aforesaid Sanitary Inspectors Training, by now, they would have been benefited by the Government Order dated 25.02.1983, copy of which is annexure-12 to the writ petition, whereby Sanitary Inspectors after undergoing Food Sampling Training, are entitled to the post of Food Inspectors. 4. Learned counsel for the petitioners submitted that the petitioners are still waiting 3 for justice, while even juniors to the petitioners namely Bhagwt Narain Chaubey, S.C. Singh, Ram Autar Singh, R.S. Kunwar, Jagdish Prasad, Raja Ram, Indra Deo Mishra, have been designated as Food Inspectors after undergoing Food Sampling Training. In para-17 of the writ petition, it has been stated that some similarly situated 17 Health Inspectors, filed writ petition No. 3497 of 2000 (S/S) in which the interim order dated 13.07.2000 (Annexure-14 to the writ petition) was passed, directing the respondents to send those petitioners for training if similarly situated other persons had been sent for that purpose. 5. This writ petition, was filed before Lucknow Bench of Allahabad High Court on 06.11.2000. The record shows that on 07.11.2000, the interim order was passed by the Lucknow Bench of Allahabad High Court directing the respondents that in case any person junior to the petitioners and similarly situated have been sent for training, the petitioners shall also be sent for training in accordance with Rules. Two days thereafter, State of Uttarakhand was created on 09.11.2000. It appears that the petitioners could not be sent due to reorganization of erstwhile State of Uttar Pradesh. No counter affidavit has been filed on behalf of the respondents. 4 6. Having heard learned counsel for the parties and after considering the submissions, this writ petition is disposed of with the observation that the petitioners may make a representation within a period of 15 days to the Principal Secretary (Health), Government of Uttarakhand, for redressal of their grievances, and said authority shall take a decision thereon within a period of three months from the date such representation along with certified copy of this order is produced. (Prafulla C. Pant, J.) Dt:08.12.2009 Sweta 5 6 7 8 9 10