Dr. Ashok Kumar Gupta vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 8668 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- SERVICE SINGLE No. - 15649 of 2021
 
Petitioner :- Dr. Ashok Kumar Gupta
 
Respondent :- State Of U.P. Thru. Prin. Secy. Medical & Health & Ors.
 
Counsel for Petitioner :- Arun Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Arun Kumar Pandey, learned counsel for the petitioner and Sri Vivek Kumar Shukla, learned Additional Chief Standing Counsel for the State-respondents.

By means of this writ petition, the petitioner has prayed for the following relief:-

"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.1 to consider and decide the petitioner's review application dated 03.02.2020 dispatched through speed post on 04.02.2020 against the order of the opposite party No.1 bearing letter No.3156/Chi.-3-2017-Ji.216/2016 dated 11.12.2017, by means of which petitioner's salary on the post of Medical Officer for the period 03.05.2010 the date of dismissal to 16.11.2016 the date of reinstatement has been withheld on the ground of no work no pay in utter violation of the judgment/ order dated 16.11.2016 of the Hon'ble Tribunal, as contained in Annexure No.1 to this writ petition, moved under Rule 14 of the U.P. Government Service (Discipline & Appeal) Rules, 1999 by reasoned and speaking order within a short reasonable period to be prescribed by this Hon'ble Court in the interest of justice."

Since the review application of the petitioner is pending consideration from 03.02.2020 before the Principal Secretary, Department of Medical & Health Services, Civil Secretariat, U.P., Lucknow, therefore, without entering into merits of the issue, I hereby dispose of this writ petition at the admission stage directing the concerning authority to consider and decide the aforesaid review application of the petitioner, strictly in accordance with law, by passing a speaking and reasoned order by affording an opportunity of hearing to the petitioner, if it is so required, with expedition, preferably within a period of ten weeks from the date of presentation of a certified/ computerized copy of this order and the decision thereof shall be intimated to the petitioner forthwith.

In view of the aforesaid observations and directions, the instant writ petition is disposed of finally.

Order Date :- 26.7.2021

Suresh/

[Rajesh Singh Chauhan,J.]