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2025 DAILYLAW 123629 (ALL)

DR. BAIKUNTH BHARGAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF MEDICAL AND FAMILY WELFARE LKO AND 2 OTHERS

WRIA/2022/2025 · 2025-02-18

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10492 Court No. - 6 Case :- WRIT - A No. - 2022 of 2025 Petitioner :- Dr. Baikunth Bhargava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical And Family Welfare Lko And 2 Others Counsel for Petitioner :- Amit Srivastava Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Amit Srivastava, learned counsel for the petitioner as well as Additional Chief Standing counsel for the respondents. 2. It has been submitted that the petitioner was working as Medical Officer in Provincial Medical and Health Services and retired after 34 years' services from the post of Chief Medical Superintendent, Divisional District Hospital, Azamgarh on 31.10.20211 after attaining he age of superannuation. At the time of his retirement certain departmental proceedings were pending against the petitioner which concluded on 22.5.2018 when the petitioner was exonerated of all the charges. It is stated that during the period when the departmental proceedings were pending against the petitioner, he became eligible for being granted the benefit of 4th ACP (Assured Career Progression) but the same has not been granted due to the departmental proceedings being pending against the petitioner and consequently he submits that once the departmental proceedings had been concluded in favour of the petitioner, the respondents ought to have considered grant of the benefit of 4th ACP which was admissible to the petitioner. 3. After arguing the matter at some length, learned counsel for the petitioner submits that the grievance of the petitioner shall stand substantially redressed in case opposite party No.2 is directed to consider and and decide the representation of the petitioner, expeditiously. 4. Learned Standing counsel does not object to the aforesaid prayer of the petitioner. 5. Accordingly, without entering into merits of the case, the petition is disposed of with direction to opposite party No.2 i.e. Director General, Medical and Health Services, U.P., Lucknow to consider and decide the representation of the petitioner dated 29.4.2019, as contained in Annexure No.5 to the writ petition, expeditiously, preferably within a period of six weeks from the date a certified copy of this order is placed before him, in accordance with law by passing a reasoned and speaking order and communicate the decision to the petitioner. (Alok Mathur, J.) Order Date :- 18.2.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench