Allahabad High Court
Dr.Suman Pandey vs State Of ... on 19 January, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 516 of 2021
Petitioner :- Dr.Suman Pandey
Respondent :- State Of U.P.Thru.Prin.Secy.Medical Education & Anr.
Counsel for Petitioner :- Dharm Raj Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Chandra Dhari Singh,J.
This petition has been filed with the prayer to command the respondents to consider the case of the petitioner for the regularization treating her service prior to 30.06.1998 and allow the consequential service benefits.
Learned counsel for the petitioner has submitted that since the date of ad-hoc appointment, the petitioner is discharging her duties with full dedication but the services of the petitioner have not been regularized till date, though the petitioner is entitled for the regularization under the provisions of U.P. Regularization of Ad-hoc appointment (on the post within the purview of the Public Service Commission) Third Rule 2001. It has also been submitted that the juniors to the petitioner has been regularized but the petitioner has been denied. Learned counsel for the petitioner submits that the case of the petitioner is fully covered with the larger bench judgment dated 26.10.2017 passed in Writ Petition Service Bench No.1639 of 2015 (Dr. Sunita Sharma vs. State of U.P. and others) along with connected petition. He has also relied upon a judgment of the Division Bench of this Court in Writ - A No.21307 of 2012 decided on 07.08.2014, which has been affirmed by Hon'ble the Apex Court in Special Leave to Appeal No.5126 of 2015 with connected appeals decided on 27.03.2015. Learned counsel submits that he has moved an application on 02.12.2020 for considering her case for the regularization, which has not been disposed of up till now. He, therefore, prays that the authority concerned may be directed to decide the application of the petitioner in terms of the full bench judgment of this Hon'ble Court as well as the judgment of Hon'ble the Apex Court.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the respondents while opposing the petition on merit has no objection with regard to above prayer of the learned counsel for the petitioner.
Accordingly, without entering into the merits of the case, this writ petition is disposed of with direction to the petitioner to make a fresh representation raising all her grievances along with a copy of this petition to respondent no.1 [Principal Secretary Medical Education (Ayush Anubhag -I ), Government of U.P. Lucknow] within a period of ten days from today and respondent no.1 is directed to decide and dispose of the aforesaid representation of the petitioner after taking into consideration the judgment of the Full Bench in the case Dr. Sunita Sharma (supra) and also the judgment of Hon'ble the Apex Court and passed a reasoned and speaking order within a period of two months from the date of receiving a certified copy of this order and communicate the decision thereof to the petitioner.
Writ Petition is, thus, disposed of.
Order Date :- 19.1.2021
VNP/-
