State of Uttar Pradesh vs Manoj Kumar Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 313

SANJAY KISHAN KAUL, HEMANT GUPTA
State of Uttar Pradesh – Appellant
Versus
Manoj Kumar Sharma – Respondent

Advocates appeared:
For the Appellant(s) :Garima Prashad, Vishnu Shankar Jain, Advocate
For the Respondent(s):Shailendra Bhardwaj, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed by the Division Bench of the High Court of Allahabad, Lucknow Bench at Lucknow on 05.03.2020, affirming the order passed by the learned Single Bench on 07.08.2019. Vide the aforesaid orders, the appellants were directed to calculate and pay 50% of the back wages to the respondent, hereinafter referred to as writ petitioner, and to grant all the consequential benefits in accordance with law.

2. The writ petitioner was posted in State of Uttaranchal (for short ‘Government of Uttaranchal’ now Uttarakhand, hereinafter referred to as Uttarakhand) as a Medical Officer before the reorganization of the State of Uttar Pradesh. The writ petitioner was transferred to State of Uttar Pradesh as per the option given by Medical Officers of State of Uttar Pradesh including the writ petitioner. As many as 208 Medical Officers and 5 Dental doctors of Class-2 Category belonging to the U.P. Provincial Medical and Health Services (Male Cadre) were posted in the State of Uttar Pradesh on 6.3.2002. The name of the writ petitioner appears at Serial No. 99 of the said list of Medical Officers. The writ petitioner was to r