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2025 DAILYLAW 126925 (ALL)

SHAILENDRA NATH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. MEDICAL HEALTH GOVT. OF U.P. LKO. AND ANOTHER

WRIA/2667/2025 · 2025-04-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22845 Court No. - 18 Case :- WRIT - A No. - 2667 of 2025 Petitioner :- Shailendra Nath Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Medical Health Govt. Of U.P. Lko. And Another Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Heard Sri Alok Mishra, learned counsel for the petitioner as well as Shri Sandeep Sharma, learned Standing Counsel for the respondents. 2. This petition has been filed by the petitioner for the following relief:- "(i) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to grant the petitioners weightage on the post of Optometrist in the regular selection in pursuance of the advertisement dated 12.07.2023 on account of the past services rendered by him on contract basis as an Optometrist under the National Health Mission, keeping in view judgement and orders dated 16.01.2024 passed by this Hon'ble Court in Writ - A No.9881 of 2023 as well as Writ - A No.122 of 2023 in the case of similarly situated Optometrist." 3. The petitioner are working as Optometrist on contract basis w.e.f. 11.12.2012 in District - Amethi under National Health Mission Scheme and performing the same nature of job as to that of regular counterpart. The petitioner had prayed that in the ongoing selection the petitioner may be given weightage on the post of Optometrist in the regular selection in pursuance to the advertisement dated 12.07.2023 on account of past services rendered by him. It has also been submitted by learned counsel for petitioner that the petitioner has appeared in the main examination which was held in January, 2025. Learned counsel for the petitioner has relied upon the judgement passed by this Court dated 16.1.2024 in Writ - A No.9881 of 2023; Sudeep Shukla and 45 others versus State of U.P. through Principal Secretary, Department Medical Health Family Welfare, Civil Govt., Lucknow and 2 others. 4. Since the controversy involved in the present case is same as in case of Sudeep Shukla and 45 others (supra), this writ petition is also disposed of in terms of the judgement and order dated 16.01.2024 passed in the case of Sudeep Shukla and 45 others versus State of U.P. through Principal Secretary, Medical Health Family Welfare, Civil Govt. and 2 others Writ -A No.9881 of 2023. Order Date :- 22.4.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench