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2025 DAILYLAW 127920 (ALL)

SURENDRA KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE AND ANOTHER

WRIA/2767/2025 · 2025-03-11

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14887 Court No. - 6 Case :- WRIT - A No. - 2767 of 2025 Petitioner :- Surendra Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare And Another Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Alok Mishra, learned counsel for the petitioners as well as learned Standing Counsel for the respondents. 2. This petition has been filed by the petitioners 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 them 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 petitioners are working as Optometrist on contract basis w.e.f. 22.12.2012 in District - Amethi under National Health Mission Scheme and performing the same nature of job as to that of regular counterpart. The petitioners had prayed that in the ongoing selection the petitioners 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 them. It has also been submitted by learned counsel for petitioners that the petitioners have appeared in the main examination which was held in January, 2025. Learned counsel for the petitioners 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 :- 11.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench