Allahabad High Court
Dr. Bibhuti Lal Verma vs State Of U.P.Thru ... on 25 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 11620 of 2019
Petitioner :- Dr. Bibhuti Lal Verma
Respondent :- State Of U.P.Thru Prin.Secy.Medical Health & Family Lko.&Ors
Counsel for Petitioner :- Mohd. Ali,Ankit Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Mohd. Ali, learned counsel for the petitioner.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.1 to make payment of the entire consequential service benefits accrued to the petitioner including promotional benefits on account of his promotion made in the cadre on the post of Medical Officer Level-2, Level-3 and Level-4 respectively as well as arrear of due salary with effect from 28.02.2013 to 21.05.2014 in the light of report and recommendation of the Chief Medical Officer, Barabanki dated 26.03.2018/ 10.04.2018 as contained in Annexure No.1 to the writ petition.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.1 to allow the interest amount @ 12% per annum over the entire accrued due amount of the petitioner on account of inordinately belated payment and withheld prolongly without any just and proper reason.
(iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.1 to consider and decide the representation of the petitioner dated 27.12.2018 as contained in Annexure No.13 to the writ petition, in the light of report and recommendation of the Chief Medical Officer, Barabanki, dated 26.03.2018/10/04.2018, as contained in Annexure No.1 to the writ petition, by speaking and reasoned order within stipulated time."
Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.1 to the writ petition, which is a recommendation/ letter dated 26.03.2018 preferred by the Chief Medical Officer, Barabanki to the Special Secretary, Department of Medical Anubhag-3, Lucknow apprising the complete details in respect of the petitioner as to when he was promoted and vide para-7 of the aforesaid letter, the specific recommendation has been made in favour of the petitioner for providing him appropriate service benefits. As per learned counsel for the petitioner that despite the aforesaid recommendation being made on 26.03.2018, more than one year period has passed, but no appropriate orders have been passed by the Government till date.
The perusal of the aforesaid recommendation dated 26.03.2018 (Annexure No.1 to the writ petition) reveals that the authority concerned i.e. the Chief Medical Officer, Barabanki has narrated each facts and circumstances in detail indicating therein the grievance of the petitioner, therefore, any appropriate order must have been issued with promptness.
This Court quite often finds that the authorities are not discharging their duties strictly in accordance with law and the colourable exercise of powers are quite often visible in their action, which may not be appreciated.
List this petition 01.05.2019 to enable the learned Additional Chief Standing Counsel to seek complete instructions in the matter.
If the instructions are not received by the next date of listing, the Special Secretary, Department of Medical Anubhag-3, Lucknow shall appear in person to assist the Court and explain as to why no appropriate orders have been passed with effect from 26.03.2018 when specific recommendation has been made by the Chief Medical Officer, Barabanki.
Order Date :- 25.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
