Dr. Om Dev v. State of U.P. and 2 Others

Court No. - 34 Case :- WRIT - A No. - 18410 of 2023 Petitioner :- Dr. Om Dev Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. Petitioner, who is medical officer, working at Community Health Centre was placed under suspension on 05.08.2014 in contemplation of an inquiry. Ultimately the disciplinary proceedings ended in the imposition of minor penalty of withholding one increment for one year and awarding an adverse entry in the character roll. Thus, the petitioner has been reinstated. However, no decision has been taken regarding payment of salary for the period petitioner has remained under suspension which is stated to be w.e.f. 05.08.2014 till 18.02.2021. It is also claimed by the petitioner that he has not been paid subsistence allowance. In the above regard petitioner seems to have already approached the authority on 22.08.2022 with reminders made on 31.01.2023 and 22.08.2022, copies whereof have been brought on record as Annexure No. 12, 13 & 14 to the writ petition respectively but no action has been taken till date. Learned Standing Counsel does not have any objection in the event matter is directed to be disposed of by the competent authority namely the respondent no. 1 to look into and consider the grievance of the petitioner and pass appropriate order strictly in accordance with law. In view of the above, this petition stands disposed of with a direction that respondent no. 1 shall consider the grievance of the petitioner raised in his representation dated 22.08.2022 and subsequent reminders and decide the same within a period of two months from the date of receipt of certified copy of this order. Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. Order Date :- 2.11.2023/IrfanUddin High Court of Judicature at Allahabad