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2025 DAILYLAW 173018 (ALL)

SONALI SINGH v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 3 OTHERS

WRIA/14685/2025 · 2025-12-17

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14685 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Sri Arun Pratap Singh, learned Additional Chief Standing Counsel for the State and Sri Mohit Chandra,Advocate, holding brief of Sri Puneet Chandra, learned counsel for the opposite party no. 2 and perused the record. Present writ petition has been filed with the following main relief:- "a) Issue a Writ order or direction in the nature of Mandamus commanding the opp. parties to make appointment of the petitioner on the post of OT technician Raebareli in pursuance of Letter No.-52/NP/COVID-19 / HR-DIS OUTEXT/2021-22/3149-4 dated 27.08.2024 (ANNEXURE No.-3) issued by the opposite party no 1 and letter no. 669/S.P.MU/INM/LUR AYUSII/2024- 25/4933 dated 28.10.2024 Issued opposite party no. 2 to all the District Magistrates and Chief Medical Officers, Raebareli in which the directions were issued to appoint all those medical stall who have worked in the Districts as temporary/ short term contract basis / Outsource Human Resource during COVID pandemic/Covid-19". It has been submitted by the learned counsel for the petitioner that during Covid-19 Pandemic, the petitioner has been engaged on contractual basis on the post of Laboratory Technician and subsequently, State Government has issued orders dated 27-08- 2024 and 28-10-2024, directing that all such contractual employees should be re-engaged in service, but, the same has not been Versus Counsel for Petitioner(s) : Bharat Kumar Dixit Counsel for Respondent(s) : C.S.C. Sonali Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 3 Others .....Respondent(s) complied as yet. Sri Arun Pratap Singh, learned Additional Chief Standing Counsel appearing for the State submits that those orders are with the condition that in case of the vacancies available, such employees shall be re-engaged on contractual basis. Considering the submissions of learned counsel for the parties and after perusal of records, it is an admitted fact in between the parties that the petitioner had worked on the post of Laboratory Technician on contract basis and thereafter, the two government orders were issued for re-engagement of such employees on contract basis. In fact, the petitioner was working on the contract basis and therefore, no contractual employee can be replaced. In view of the above, the petitioner is given liberty to move a fresh representation before the opposite party no. 4 i.e. Chief Medical Officer, Raebareli within the period of 7 days from today and on receipt of such representation, the opposite party no. 4 is directed to consider and decide the same within further period of four weeks. With the aforesaid observations, the writ petition is hereby disposed of. December 17, 2025 AKS WRIA No. 14685 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench