2026:UHC:3404 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1310/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, Advocate for the petitioner. Mr. Narayan Dutt, Standing Counsel for the State. Mr. Hari Mohan Bhatia, Advocate for respondent Nos. 2, 3 & 4. Mr. Neeraj Garg, Advocate for respondent No. 5. 2. Petitioner was engaged on contract as Pharmacist in Employees State Insurance Scheme (ESIS) Dispensary at Lalkuan, District Nainital w.e.f. 07.10.2014; he continuously served in that capacity till 09.05.2023, and his engagement was abruptly discontinued vide order dated 10.05.2023. Thus feeling aggrieved, petitioner approached this Court challenging order dated 10.05.2023 passed by Director, ESIS. 3. In the impugned order, various allegations have been levelled against petitioner. Learned counsel for the petitioner submits that petitioner was not given any notice or opportunity of hearing, while passing impugned order. 4. It is contended that the then Director, ESIS passed stigmatic order without there being any material available on record. It is further contended that impugned order has been passed for extraneous reasons, in colourable exercise of power, and petitioner has been arbitrarily disengaged without 2026:UHC:3404 there being any just cause for such disengagement. 5. Mr. Hari Mohan Bhatia, learned counsel appearing for respondent Nos. 2, 3 & 4, however, submits that impugned order was passed based on a report submitted by Medical Officer. He concedes that the Director had not given any hearing to the petitioner, however, he submits that Medical Officer had heard the version of the petitioner, therefore, the complaint that petitioner was not heard is without any substance. 6. Learned counsel for the petitioner, however, submits that show-cause notice issued by Medical Officer does not at all communicate the charge for which petitioner was disengaged. 7. Be that as it may, since petitioner has served for nine long years as Pharmacist, therefore, writ petition is disposed of by permitting petitioner to approach Director, ESIS for his re-engagement as Pharmacist, on contract. If he submits representation regarding his re-engagement, the Director, ESIS shall consider his case sympathetically and pass appropriate order, as per law, within four weeks from date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 05.05.2026 Mahinder/ 2026:UHC:3404