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2025 DAILYLAW 124688 (ALL)

DR. BRIJENDRA KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE DEPTT. LKO. AND ANOTHER

WRIA/2131/2025 · 2025-02-20

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11143 Court No. - 6 Case :- WRIT - A No. - 2131 of 2025 Petitioner :- Dr. Brijendra Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Deptt. Lko. And Another Counsel for Petitioner :- Anuj Dayal,Mukesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Mukesh Kumar and Sri Anuj Dayal, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. It has been submitted by learned counsel for the petitioner that the petitioner has presently working on the post of Additional Chief Medical Officer, at Muzaffarnagar and claims that he is entitled to be appointed on the post of Chief Medical Officer, considering the fact that he is senior to most of the Medical Officers posted at Muzaffarnagar. In support of his submissions he has relied upon the judgment of this Court rendered in the case of Dr. Umesh Chandra Pandey Vs. State of U.P. and Others - Civil Misc. Writ Petition No. 57390 of 2013 (decided on 13.11.2013), where this very aspect was duly considered by this Court and had also considered the Government Order dated 14.06.2011 and found the same to be reasonable, according to which in clause 3 of the said Government Order it is provided that while appointing a person on the post of Chief Medical Officer/Chief Medical Superintendent, it should be ensured that there is no other person who is senior to him and working under him. 3. Learned counsel for the petitioner after arguing the matter up to some length has submitted that grievance of petitioner shall be substantially redressed in case respondent no. 1 - Principal Secretary, Medical Health and Family Welfare Department, Lucknow is directed to consider and decide petitioner's representation dated 26.12.2024 annexed as Annexure - 8 to the writ petition, expeditiously. 4. Learned Standing Counsel has no objection in case suitable directions are issued to respondent no. 1 to consider and decide petitioner's representation. 5. In view of above, present writ petition is disposed of with direction to respondent no. 1 - Principal Secretary, Medical Health and Family Welfare Department, Lucknow is directed to consider and decide petitioner's representation dated 26.12.2024 annexed as Annexure - 8 to the writ petition, expeditiously, preferably within four weeks from the date of production of certified copy of this order, in accordance with law by means of reasoned and speaking order and communicate the decision to the petitioner. Order Date :- 20.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench