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2025 DAILYLAW 135570 (ALL)

SHAHEZMAN KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. MEDICAL HEALTH FAMILY WELFARE LKO AND 2 OTHERS

WRIA/4349/2025 · 2025-04-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22837 Court No. - 18 Case :- WRIT - A No. - 4349 of 2025 Petitioner :- Shahezman Khan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Medical Health Family Welfare Lko And 2 Others Counsel for Petitioner :- Vidhu Bhushan Kalia,Priya Vrat Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 3. By this petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of Mandamus commanding the Respondents to consider and promote the Petitioner on the post of Driver Grade-1 in the pay scale of Rs. 9300-34800 with Grade Pay of Rs. 4200 w.e.f. 10.11.2017. OR IN THE ALTERNATE (ii) to issue a writ, order or direction in the nature of mandamus commanding the Respondents to grant the benefit of 2nd ACP to the Petitioner after completion of 20 years of continuous and satisfactory service in the light of the Government Order dated 05.11.2009 and grant him the designation of Driver Grade 1 alongwith the benefit of pay scale of Rs. 9300-34800 with Grade Pay of Rs.4200 w.e.f. 10.11.2024. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the Respondents to consider and promote the Petitioner on the post of Driver (Special Grade) and grant him the benefit of the pay band 2 of Rs.9300-34800 with Grade pay of Rs. 4600 w.e.f. 10.11.2018." After arguing for sometime, learned counsel for the petitioner confines his prayer to the extent that the representation of the petitioner may be directed to be decided by respondent no.3. Learned Standing Counsel has no objection to this innocuous prayer. Perused the record. Considering the above, the petition is disposed of with liberty to the petitioner to move a fresh representation to respondent no.3 i.e. Chief Medical Officer, Raebareli within two weeks' from today. If the petitioner submits a fresh representation, the respondent no.3 shall decide the same within four weeks' thereafter, by passing a speaking and reasoned order. Order Date :- 22.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench