DR. JAI SHANKAR AND 17 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND ANOTHER
WRIA/2882/2025 · 2025-03-12
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128489 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128489 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15170 Court No. - 6 Case :- WRIT - A No. - 2882 of 2025 Petitioner :- Dr. Jai Shankar And 17 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical Health And Family Welfare Lko. And Another Counsel for Petitioner :- Mrinal Tripathi,Birendra Narain Shukla Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioners and learned State Counsel for opposite parties. 2. Petition has been filed for the following main reliefs:-
"i. issue, a writ, order or direction in the nature of Mandamus commanding and directing to the Opposite Parties to promote the petitioners on the post of Medical Officer Grade-2 (Level-2) in pay scale Rs. 15600-39100 grade pay Rs.6600.00 w.e.f. 19.8.2014 and on the post of Medical Officer, Grade-3 (Level-3 Consultant) in pay band Rs. 15600- 39100 grade pay Rs.7600.00 w.e.f. 10.2.2022, i.e. the date of promotion of his juniors up to the seniority position of 14009 and number of others who are placed below the petitioners in the seniority list of medical officers of Provincial Medical and Health Services, with all consequential service benefits. ii. issue, a writ, order or direction in the nature of Mandamus commanding and directing to the Opposite Parties to modify the order dated 18.12.2017 issued by opposite party no.1 as contained in Annexure No.3 of the writ petition and to grant promotion to the petitioners on the post of Medical Officer Grade-2 (Level-2) in pay scale Rs.15600-39100 grade pay Rs.6600.00 w.e.f. 19.8.2014 i.e. date of promotion of their juniors, with all consequential service benefits. iii allow, the writ petition with cost. iv. issue, any other writ order or direction in the nature and manner, which this Hon'ble Court may deem fit, proper and just in the circumstances of the case."
3. It has been submitted that in similar circumstances, Dr. Sunil Kumar and others had filed WRIT - A No.- 7438 of 2022 and in pursuance of interim direction dated 31.05.2022 passed in the aforesaid writ petition, petitioners of the said petition have already been granted such reliefs. It is submitted that petitioners being similarly situated are also entitled for the said benefit. 4. For the said relief, petitioners have already submitted a representation but seek liberty to file a fresh representation before the authority concerned.
At present, learned counsel for petitioners restricts prayer with regard to final decision on the same. 5. Considering the innocuous prayer, without entering into merits, liberty is granted to petitioners to file a fresh representation before opposite party no.1 i.e. Additional Chief Secretary, Department of Medical, Health and Family Welfare, U.P. who shall consider and decide the same within a period of eight weeks from the date a certified copy of this order is produced before the said authority along with fresh representation and shall also take into consideration the fact that in case similarly situated persons have been granted such reliefs, petitioners should not be denied the same. 6. With aforesaid observations and directions, the petition is finally disposed of. [Alok Mathur,J.] Order Date :- 12.3.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench