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2025 DAILYLAW 11800 (ALL)

BAL CHAND PRASAD v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIA/987/2025 · 2025-02-04

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:15849 Court No. - 7 Case :- WRIT - A No. - 987 of 2025 Petitioner :- Bal Chand Prasad Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Santosh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. Present writ petition has been filed by the petitioner inter-alia with the prayer to quash the order dated 03.01.2025 issued by the respondent no.1-Special Secretary, Medical Section-2, Government of Urttar Pradesh, Lucknow. 3. It is argued by the learned counsel for the petitioner that upon retirement of Chief Superintendent, Divisional District Hospital, Azamgarh, the additional charge of Chief Superintendent, Divisional District Hospital, Azamgarh was handed over to the petitioner on 30.11.2024. It is further argued that in the seniority list of petitioner, the name of petitioner stands at serial No. 9966, which is clear from the perusal of charge memo, copy of which is appended as Annexure-2, page no. 13 of the paper book. It is also argued that thereafter, wholly illegally, charge of aforesaid post was given to one Dr. Dinesh Prasad Sinha, who was working at that relevant time as Senior Consultant, District Hospital, Mau, who was transferred from District Mau to District Azamgarh and thereafter charge on the post of Chief Superintendent, Divisional District Hospital, Azamgarh was handed over to him. It is also argued that petitioner is senior to respondent no.4-Dr. Dinesh Prasad Sinha, hence he is entitled to work on the post of Chief Superintendent, Divisional District Hospital, Azamgarh in pursuance to an order dated 22.11.2024 issued by the Principal Secretary. It is also argued that several representations were made by the petitioner before the respondent no.1 from time to time, but till date no decision has been taken. 4. On the other hand learned Standing Counsel appearing on behalf of the respondent no.1 submits that respondent no.1 will take appropriate decision in the matter expeditiously. 5. In the facts and circumstances of the case and also in the interest of justice, the present writ petition is disposed of, directing the petitioner to submit fresh representation along with copy of earlier representation before the respondent no.1- Special Secretary, Medical Section-2 Government of Uttar Pradesh, Lucknow within one week from today. If such a representation has been filed within the stipulated period, the authorities concerned will pass appropriate orders on the aforesaid representation most expeditiously and preferably within a period of three weeks from the date of production of a certified copy of this order. Needless to say that before taking any decision, opportunity of hearing will be provided by the respondent no.1 to the petitioner as well as respondent no.4-Dr. Dinesh Prasad Sinha, Senior Consultant, District Hospital, Azamgarh. Order Date :- 4.2.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad