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2025 DAILYLAW 153389 (ALL)

JYOTIRMAY SAUMENDRA VIVEK TRIPATHI AND 6 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 4 OTHERS

WRIA/8168/2025 · 2025-07-25

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42887 Court No. - 18 Case :- WRIT - A No. - 8168 of 2025 Petitioner :- Jyotirmay Saumendra Vivek Tripathi And 6 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Shweta Shukla,Krishan Mohan Counsel for Respondent :- C.S.C.,Puneet Chandra Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners, learned State Counsel for opposite parties no. 1, 3, 4 and 5 and Mr. Puneet Chandra, learned counsel for opposite party no.2. 2. Petition has been filed seeking a direction to concerned authority for payment of incentive pending since 2019 till 2023 alongwith interest in accordance with Guidelines/ Circulars dated 27.06.2020 and 17.08.2022. 3. Learned counsel for opposite party no.2, however, submits that aforesaid aspect is required to be considered by the opposite party no.5 since the post on which petitioners were earlier engaged now comes under the ICDS Pragramme. 4. Learned counsel for petitioner has adverted to order dated 24.07.2025 passed in Writ- A No. 7163 of 2025, Vishwanath Pratap Singh versus State of U.P. and others to submit that the aspect was similar as in the present case and in its order, this Court has noticed instructions provided to learned State Counsel that Chief Medical Officer, Balrampur has already written to the District Proframme Officer (ICDS) vide letter dated 23.07.2025 that funds for disbursement of incentive have already been released by the State Government and actual disbursement is required to take place for which a Nodal Officer also has been appointed. 5. Considering aforesaid facts, opposite parties are directed to ensure payment of incentive to petitioners expeditiously within a period of six weeks from the date a certified copy of this order is produced before the said authority. 6. With regard to grant of interest on delayed payment, liberty is granted to petitioners to file a fresh individual representation before opposite party no.5 i.e. District Programme Officer (ICDS), Balrampur who shall consider and decide the same within a period of six weeks from the date of such representation is made. 7. With aforesaid directions, petition stands disposed of. Order Date :- 25.7.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench