Allahabad High Court
Jitendra Kumar Sharma & 2 Ors. vs State Of U.P. Through Prin. Secy. ... on 1 August, 2019
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 3438 of 2015
Petitioner :- Jitendra Kumar Sharma & 2 Ors.
Respondent :- State Of U.P. Through Prin. Secy. Medical & Health Services
Counsel for Petitioner :- Pt. S.Chandra,Saurabh Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioners and the learned Additional Chief Standing Counsel.
There is a consensus at the Bar that the matter is squarely covered by a coordinate Bench judgment of this Court in the case of Writ Petition (S/S) No.3298 of 2018 In re: Ganga Sagar Tiwari and another vs. State of U.P. and others decided on 2.2.2018. For the sake of convenience, the judgment and order dated 2.2.1018 is reproduced below:-
"1. Heard Sri Saurabh Shukla, learned counsel for the petitioner and learned Standing counsel.
2. By the present writ petition, the petitioners are claiming that they had also submitted their application forms in the year 2007 as per advertisement dated 12.11.2007. However, it appears that their forms are misplaced by the opposite parties.
3. Learned counsel for petitioner submitted that the grievance of the petitioner would be met in case the application forms of the petitioners are available with the department, then their case may be considered by passing appropriate orders to which, learned counsel for opposite parties have no objection.
4. In view of aforesaid, the petitioners are permitted to move a detailed representation within three weeks to the opposite party No.3, the Director General, Medical and Health Services, Uttar Pradesh, Swasthya Bhawan, Lucknow. The opposite party No.3 shall look into the matter and ensure as to whether the petitioners had submitted their application forms in accordance with the advertisement within time and the same were duly received in the department.
5. In case, petitioners are able to prove before the authority that they had moved their application form within time and the registered received which is annexed with the writ petition belong to petitioners only and no other persons, only in such a case the authority shall consider the representation of the petitioner and decided the same within three months from the date of certified copy of this order and the application form which is available with the department.
6. It is made clear that this Court has not gone into the merit of the case. All questions are open for the opposite party No.3 to decide in accordance with law.
7. With the aforesaid the writ petition is disposed of."
Accordingly, keeping in view the aforesaid, the present petition is disposed of in the same terms. It is provided that the petitioners are also entitled for the benefit of the aforesaid judgment and order dated 2.2.2018.
Order Date :- 1.8.2019
Rakesh
(Abdul Moin, J.)
