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2025 DAILYLAW 2079 (UTT)

DR. SHIV PRASAD KURIYAL v. STATE OF UTTARAKHAND

WPSB/155/2016 · 2025-08-11

Manoj Kumar Tiwari, Subhash Upadhyay

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Judgment text

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2025:UHC:7049-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/155/2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) Mr. Vinay Kumar, Advocate for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand / respondent nos. 1 & 2. 3. Mr. Ishwari Dutt Paliwal, Additional Chief Standing Counsel for the State of Uttar Pradesh. 4. Mr. Hemant Pant, Advocate for respondent nos. 5 to 15. 5. Petitioner was appointed on ad-hoc basis as Medical Officer in Department of Medical Health and Family Welfare of erstwhile State of Uttar Pradesh in the year 1990. His services was subsequently regularised as Medical Officer on 17.07.1998. 6. Petitioner was thereafter allocated to State of Uttarakhand upon State Reorganisation. Petitioner made representation to Government of Uttarakhand for grant of seniority to him from the day, he was appointed initially, on ad-hoc basis as Medical Officer. On the said representation, the Principal Secretary, Medical Department, Government of Uttarakhand passed an order on 02.02.2005 providing that decision on the question of petitioner’s seniority can only be taken by State of Uttar Pradesh. Thus, feeling aggrieved, petitioner has approached this Court. 2025:UHC:7049-DB 7. Mr. Dinesh Bankoti, learned Brief Holder appearing for State of Uttarakhand, Mr. Ishwari Dutt Paliwal, learned Additional Chief Standing Counsel for the State of Uttar Pradesh and Mr. Hemant Pant, learned counsel appearing for respondent nos. 5 to 15 submit that similar controversy was decided by coordinate Bench in Writ Petition (S/B) No. 448 of 2017. 8. Mr. Vinay Kumar, learned counsel for petitioner submits that he has no objection if this writ petition is also decided in terms of the judgment dated 03.12.2024 rendered in Writ Petition (S/B) No. 448 of 2017. 9. Accordingly, this writ petition is also decided in terms of judgment dated 03.12.2024, rendered in Writ Petition (S/B) No. 448 of 2017. Petitioner shall be at liberty to make representation to the Secretary, Department of Medical Health, Government of Uttar Pradesh regarding his seniority. If he makes representation within three weeks from today, decision thereupon shall be taken by the concerned Secretary, within six months thereafter. 10. It goes without saying that all persons, whose seniority is likely to be affected, shall also be heard by Secretary while taking any decision. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 11.08.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.12 10:21:46 +05'30'