Dr. Raghvendra Narayan Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. Medical Health and Family Welfare Lko. and 2 Others

Court No. - 20 Case :- WRIT - A No. - 8507 of 2023 Petitioner :- Dr. Raghvendra Narayan Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Medical Health And Family Welfare Lko. And 2 Others Counsel for Petitioner :- Mrinal Tripathi,Birendra Narain Shukla,Mr.Gyanendra Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed for the following main relief:- i. issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to promote petitioner on the post of Medical Officer Grade-2(Level-2) in pay scale Rs.15600-39100 grade pay Rs.6600.00 w.e.f. 19.08.2014 and on the post of Medical Officer Grade-3 (Level-3) in pay band Rs.15,600-39100 grade pay Rs.7600.00 w.e.f. 10.02.2022 i.e. the date of promotion of his juniors placed below him up to the seniority position 14009 in the seniority list of medical officers of Provincial Medical and Health Services with all consequential service benefits. It has been submitted that in similar circumstances, Dr. Sunil Kumar and others had filed WRIT - A No. - 8507 of 2023 and in pursuance of interim direction dated 31.05.2022 passed in the aforesaid writ petition, petitioner of the said petition has already been granted such reliefs. It is submitted that petitioner being similarly situated is also entitled for the said benefit.

¶4For the said relief, petitioner has already submitted a representation but seeks liberty to file a fresh representation before the authority concerned. At present, learned counsel for petitioner restricts prayer with regard to final decision on the same.

¶5Considering the innocuous prayer, without entering into merits, liberty is granted to petitioner to file a fresh representation before opposite party no.1 i.e. Additional Chief Secretary, Department of Medical, Health and Family Welfare, U.P. who shall consider and decide the same within a period of eight weeks from the date a certified copy of this order is produced before the said authority along with fresh representation and shall also take into consideration the fact that in case similarly situated persons have been granted such reliefs, petitioner should not be denied the same.

¶6With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 2.11.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench