IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 66 of 2010 Smt. Bhawana Kergeti @Bhawana Parvez ...Petitioner Versus Dr. Shushila Tiwari Memorial Forest Hospital Haldwani (Nainital) and others …Respondents. Present : Mr. T. A. Khan, Advocate for the petitioner. Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Sri T. A. Khan, Advocate for the petitioner and Sri. N. P. Sah, Standing Counsel for the State of Uttarakhand. The petitioner is a receptionist at Dr. Shushila Tiwari Memorial Forest Hospital, Haldwani which is presently a Government Medical College. The petitioner was appointed as a receptionist in the year 1995 and is presently working on the said post of receptionist. The grievance of the petitioner is that there are no promotional avenues for the petitioner since no rules have been framed for the medical college. Nevertheless direct appointments are made on higher posts instead of promoting the petitioner and like persons to the promotional post. This the petitioner states is arbitrary. Apart from this, the petitioner also states, which is admitted by the respondents, that the petitioner was appointed on the post of receptionist and her appointment order stated that the service condition of the petitioner would be same as of her counterparts in Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow or in the All India Institute of Medical Sciences, Delhi. Despite this the petitioner is getting the pay-scale of ` 3050-4590 whereas in the year 1996 the pay-scale of receptionist in Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow was ` 4000-6000 2 which was revised to ` 4500-7000 in the year 2001. There has been no revision of pay-scale in the present medical college where the petitioner is working. Since in the counter affidavit an evasive reply has been given, it is directed that the Secretary, Department of Health and Education, Uttarakhand, Dehradun shall dispose of the representation of the petitioner while considering her case for promotion and also for higher pay-scale within a period of eight weeks from the date a representation along with certified copy of this order is produced before him. It is further directed that in case the Secretary, Department of Health and Education, Uttarakhand, Dehradun would not be able to decide the representation himself he would be at liberty to delegate this matter to a subordinate officer, but definitely not a subordinate officer below the rank of an Additional Secretary. This writ petition is being disposed of with a direction that the concerned officer will dispose of the representation of the petitioner by considering all the relevant aspects and in case it is found that the counterparts of the petitioner in Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow or All India Institute of Medical Sciences, Delhi are getting a higher pay-scale the same shall be given to the petitioner along with arrears, since this was the condition of service of the petitioner. With these observations, the writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 25.5.2011 Avneet