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2025 DAILYLAW 200258 (ALL)

GAURAV THAPA v. STATE OF U.P. AND 6 OTHERS

WRIA/15353/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15353 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri S.M.A. Abdy, learned counsel for the petitioner, and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel. 2. The case of the petitioner is that he was initially engaged as a Block Program Manager on 31.01.2018 and he assumed charge on 01.02.2018. The engagement of the petitioner is contractual in nature, governed by the provisions contained in the Human Resource Policy for Contractual Staff of National Health Mission, U.P. 3. It is also the case of the petitioner that on 09.04.2025, an FIR was lodged against him being Case Crime No. 138 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2), and 316(5) of the Bharatiya Nyaya Sanhita (BNS). Pursuant to the said FIR, he was arrested on the same day i.e., 09.04.2025, and was subsequently enlarged on bail on 04.08.2025. 4. The grievance of the petitioner is that despite the grant of bail, he is not being allowed to rejoin his duties and is not being paid the admissible dues, including his salary. 5. Learned Additional Chief Standing Counsel submits that the issues raised by the petitioner are required to be considered and decided, at the first instance, by Respondent No. 7 – Chief Medical Officer, Agra, and the petitioner may approach the said authority for redressal of his grievance. 6. Considering the submissions so made across the bar, the writ petition Versus Counsel for Petitioner(s) : Syed Mohammad Abbas Abdy Counsel for Respondent(s) : C.S.C. Gaurav Thapa .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) stands disposed of with liberty to the petitioner to prefer a comprehensive representation, along with self-attested copy of the writ petition and certified copy of this order before Respondent No. 7 by 31.10.2025. 7. On the said motion, Respondent No. 7 shall call for the relevant records and thereafter decide the petitioner’s claim/entitlement within a period of two months thereafter. October 14, 2025 S.A. WRIA No. 15353 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad