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2025 DAILYLAW 201927 (ALL)

DR. SUPRIYA CHOUDHARY AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL EDU. TRAINING LKO. U.P. AND 2 OTHERS

WRIA/10725/2025 · 2025-10-16

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10725 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. (1) Heard Mr. Manish Mishra, learned counsel for petitioners, learned Standing Counsel for opposite party No.1, Mr. S.M.H.Rizvi, learned counsel for opposite party No.2 and Mr. Shubham Tripathi, learned counsel for opposite party No.3. (2) Petition has been filed challenging order dated 05.02.2025 whereby petitioners' appointment on the post of Senior Residents (SR) (Unregistered) have been cancelled. (3) Earlier on 19.09.2025, following order had been passed:- "1. Heard learned counsel for petitioners, Mr. S.M.H. Rizvi, learned counsel for opposite party no. 2, Mr. Shubham Tripathi, learned counsel for opposite party no. 3 and learned State counsel for opposite party no. 1. 2. Petition has been filed challenging orders dated 5.2.2025 and 10.2.2025 whereby petitioners' appointments on the post of Senior Residents (SR) (Unregistered) have been cancelled. 3. Learned counsel for petitioner submits that a perusal of the impugned order will make it evident that petitioners' appointments have been cancelled only on the ground that interim order had been passed on 4.2.2025 in the connected Writ-A No. 1546 of 2025. It is submitted that impugned order indicates that petitioners appointments are being cancelled temporary till final decision in the aforesaid writ petition. It is, therefore, submitted that there was no occasion for opposite parties to have cancelled the appointments of petitioners which could have very well been kept under abeyance. 4. Learned State counsel has sought to defend the impugned orders only on the ground that the same has been passed in the light of interim order Versus Counsel for Petitioner(s) : Manish Misra, Gaurav Upadhyay Counsel for Respondent(s) : C.S.C., Shubham Tripathi Dr. Supriya Choudhary And 3 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Edu. Training Lko. U.P. And 2 Others .....Respondent(s) dated 4.2.2025 passed by this Court in the connected petition. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident that petitioners' appointments on the said post have been cancelled only on account of interim order granted by this Court. However, from a perusal of interim order dated 4.2.2025 passed in Writ-A No. 1546 of 2025, it is evident that this Court has directed that till the next date of listing, State- respondents are restrained from taking any final decision/appointment in pursuance of the order dated 29.1.2025 which was not complied in that petition. 6. It is admitted between the parties that petitioners have been granted appointments after following due process of recruitment. 7. In view of aforesaid, it is evident that by means of impugned orders, petitioners appointments have been cancelled pending final decision in Writ-A No. 1546 of 2025. In view of aforesaid facts, it is evident that there was no occasion for opposite parties to have cancelled the appointments of petitioners when there was no such direction issued by this Court vide order dated 4.2.2025 particularly in the case of such persons, who had already been appointed and joined in pursuance of their appointments. 8. In view thereof, the impugned order dated 5.2.2025 is stayed to the extent it cancels appointments of petitioners. It is thus directed that appointments of petitioners would be kept in abeyance and shall be subject to final decision in Writ-A No. 1546 of 2025. The alternative prayer made in the present writ petition shall be considered in the light of judgement rendered in Writ-A No. 1546 of 2025. 9. List this case on 24.9.2025 at 2:15 PM" (4) Vide order passed today itself, connected Writ-A No. 1546 of 2025 has been disposed of in terms of directions issued therein. (5) In terms of interim order dated 19.09.2025, cancellation of appointment of petitioners was to be kept in abeyance subject to final decision in Writ-A No. 1546 of 2025. It is also evident that by means of interim order dated 04.02.2025 passed in Writ-A No. 1546 of 2025, opposite parties had been restrained from taking any final decision/appointment in pursuance of order dated 29.01.2025 which was under challenge in the said writ petition. (6) Nonetheless in order to give complete justice to all parties concerned and keeping in view interim order dated 19.09.2025 passed in this petition, opposite parties are directed to continue with services of petitioners for purposes of completion of bond WRIA No. 10725 of 2025 2 period of two years. For the said purpose, since Writ-A No. 1546 of 2025 has also been disposed of, opposite parties are directed to count entire period from the date of their joining as service period for petitioners under bond service for two years. (7) Since petitioners evidently have not been permitted to work on the post of Senior Residents, in pursuance of the directions issued by this Court earlier, but their services shall stand revived and since they had been restrained from such work for no fault on their part, it shall be open to opposite parties to consider their grievance for payment of honorarium for the aforesaid period. Decision with regard to same shall be taken by authority concerned within a period of four weeks from the date of serving a certified copy of this order upon him. (8) With the aforesaid direction(s), petition stands disposed of. October 16, 2025 lakshman WRIA No. 10725 of 2025 3 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench