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Dr. Haridhar Mishra v. State Of U.P. And Others - WRIT - A No. 42967 of 2006  RD-AH 13390 (11 August 2006)
Hon'ble R.K. Agrawal, J.
Hon'ble Vikram Nath, J.
The contention of the petitioner is that he is the senior most Chicitsa Adhikari working in the district of Azamgarh, and therefore, he is entitled to continue to officiate as Reigonal Ayurvedic and Unani Officer in preference to Dr. Shakil Ahmad, respondent no. 4.
The contention of Shri Jagdish Pathak, learned counsel appearing for the respondent no. 4 is that he is the senior most medical officer in the district, and therefore, has rightly been appointed as officiating Regional Ayurvedic and Unani Officer, Azamgarh.
As the matter hinges upon who is the senior most person in the district, we deem it fit and proper to direct the Director, Ayurvedi and Unani Medical Sewa, U.P. Sashan, Lucknow to decide the issue after giving opportunity of hearing to the petitioner as also to respondent no. 4 within a period of one month from the date a certified copy of this order is filed before the said authority.
Till the decision is taken by the Director, Ayurvedi and Unani Medical Sewa, U.P. Sanshan, Lucknow, status quo as of today, in respect of the post of officiating Regional Ayurvedic and Unani Officer, shall continue.
It is made clear that this Court has not adjudicated the case on merits.
Writ petition stands disposed of as above.
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