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2025 DAILYLAW 197496 (ALL)

DR. JANKISH CHANDRA SHANKHDHAR v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH DEPTT. LKO. AND ANOTHER

WRIA/11261/2025 · 2025-10-10

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11261 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. In pursuance of direction issued earlier, learned State counsel has been provided written instructions dated 09.10.2025, a copy of which is taken on record. 2. Petition has been filed seeking a direction to concerned authority to issue posting order to petitioner and to release pending salary and allowances with effect from 15.11.2019 till date with applicable interest. 3. Learned State counsel on the basis of written instructions submits that petitioner was earlier sent on deputation with the Government of Uttrakhand and was repatriated vide order dated 25.08.2019 whereafter he gave his joining on 15.11.2019 in the Office of Director General and subsequently posting order dated 20.01.2020 was issued for posting of petitioner in District Hospital Sambhal but petitioner has not yet given his joining till date. 4. The said assertions are refuted by learned counsel for petitioner with the submission that he was never provided with any relieving or posting order due to which he remained in the Office of Director General and could not provide his joining in District Sambhal. 5. Nonetheless, it is evident by means of the written instructions that petitioner's posting order has been issued vide order dated 20.01.2020, a copy of which shall be provided to learned counsel for petitioner. Versus Counsel for Petitioner(s) : Avikshit Mishra Counsel for Respondent(s) : C.S.C. Dr. Jankish Chandra Shankhdhar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. Lko. And Another .....Respondent(s) 6. Petitioner therefore is directed to provide his joining in terms of posting order dated 29.01.2020 within a period of ten days from today. The concerned authority shall accept the joining of petitioner within the aforesaid time frame. 7. The aspect of payment of arrears of salary and allowances shall be considered by opposite party no.2 i.e. Director General, Medical and Health Services, Lucknow U.P. within a period of six weeks from the date certified copy of this order is served upon concerned authority. 8. This order has been passed in view of the fact that there is no assertion in the written instructions that any inquiry was initiated against petitioner for his absence or that his services stand terminated. 9. In the light of aforesaid, it is evident that petitioner's services are still continuing. 10. With the aforesaid directions, the petition stands disposed of. October 10, 2025 Subodh/- WRIA No. 11261 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench