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Up Medical & Public Health Ministerial Association & Others v. State Of U.P. And Others - WRIT - A No. 1543 of 2005  RD-AH 180 (13 January 2005)
Court No. 9
Civil Misc. Writ Petition No. 1543 of 2005
U.P. Medical and Public Health Ministerial Association,
Swasthya Bhawan, Lucknow and others
State of U.P. and others
Hon'ble Sunil Ambwani, J,
Heard Sri Ashok Khare, Senior Advocate assisted by Sri V.D. Chauhan for the petitioners and learned standing counsel.
This writ petition has been filed by U.P. Medical and Public Health Ministerial Association, Swasthya Bhawan, Lucknow and three others challenging the Government Order dated 19.8.2004 passed by the State Government by which the work dealing with the Drugs and Medicine Acts has been taken away from Junior Clerks and entrusted to Senior Clerk. It is contended that by order dated 14.5.2002 this work was assigned to Junior Clerk. The order dated 14.5.2002 of Director (Administration), Medical and Health Services, U.P. Lucknow issued in pursuance of order issued by Hon'ble Minister of State, Medical and Health Services, the State Government has issued directions on 29.7.2004 assigning this work to Senior Clerks.
Consequently the Government Order dated 19.8.2004 has been issued. It appears that on a representation made by the Association the matter came up in the meeting of Secretary, Medical and Health on 7.7.2004 , in which the opinion of all the Chief Medical Officers were sought in the matter.
The main objection to this re-arrangement of work appears to withdraw salary of junior clerks supervising the work under the Drugs Cosmetic Acts received through a particular head and senior clerks are also given excessive responsibility.
The process of inviting comments from all the Chief Medical Officers is still pending. I do not find any good ground to interfere in the matter. Since the matter of re-consideration of the decision is still pending in the department, the writ petition is premature and is dismissed at this stage.
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