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2025 DAILYLAW 160655 (ALL)

ABHISHEK BAJPAI AND 6 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL EDUCATION, SECTION-2, LKO. AND 4 OTHERS

WRIA/7416/2022 · 2025-04-08

Rajesh Singh Chauhan

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19770 Court No. - 3 Case :- WRIT - A No. - 7416 of 2022 Petitioner :- Abhishek Bajpai And 6 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Education, Section-2, Lko. And 4 Others Counsel for Petitioner :- Amrendra Nath Tripathi,Durgesh Shukla Counsel for Respondent :- C.S.C.,Anupras Singh,Pushpila Bisht Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the the petitioners and Ms. Pushpila Bisht, learned counsel for opposite parties No. 3 to 5. 2. By means of this petition, the petitioners have prayed following reliefs:- "(i) Issue writ, order or direction in the nature of Certiorari quashing the impugned orders of the respondent No.2 dated 01.04.2022, 11.04.2022 and impugned order of respondent No.5 dated 13.10.2022 with respect to petitioners. (ii) Issue writ, order or direction in the nature of Mandamus commanding the respondents not to interfere with the upgradation of grade pay granted to the petitioners from Grade Pay of Rs.4200/- to 4600/- as per government order dated 15.06.2015. (iii) Issue writ, order or direction in the nature of Mandamus commanding the respondents No. 3 & 4 to take post fact approval of the proposal of the respondent No.4 dated 20.01.2015, which has already been accepted by the State Government vide Government Order dated 15.06.2015 and implemented by the respondent No. 3." 3. Ms. Bisht has drawn attention of this Court towards the short counter affidavit filed on 09.01.2025 showing Annexure- SCA- 2 which is an order dated 21.11.2024, whereby the impugned order dated 11.04.2022 has been cancelled reviving the Government Order dated 15.06.2015. 4. Learned counsel for the petitioner has not disputed the aforesaid fact but has stated that even after withdrawing the impugned order dated 11.04.2022 by the Chief Medical Superintendent, Dr. Ram Manohar Lohia Institute of Medical Sciences, the benefit of Government Order dated 15.06.2015 which has been revived, has not been given and the pay has also not been revised till date. 5. Be that as it may, since the impugned order dated 11.04.2022 has been withdrawn/cancelled, therefore, the petitioners would be entitled for the benefits ignoring the impugned order dated 11.04.2022. The consequential orders should be passed by the competent authority at the earliest preferably withing a period of two months from the date of production of certified copy of this order. 6. However, this writ petition has been rendered infructuous, accordingly, the same is disposed of finally. 7. Consigned to record. Order Date :- 8.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench