Dr. Jitendra Kumar Rao vs State Of U.P.Thru.Addl.Chief ...
2021 Latest Caselaw 6208 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- SERVICE SINGLE No. - 9568 of 2021
 

 
Petitioner :- Dr. Jitendra Kumar Rao
 
Respondent :- State Of U.P.Thru.Addl.Chief Secy. Medical Education & Anr.
 
Counsel for Petitioner :- Mahendra Bahadur Singh,Vikas Singh
 
Counsel for Respondent :- C.S.C.,Abhinav Trivedi
 

 
Hon'ble Manish Mathur,J.

Heard learned State Counsel appearing on behalf of opposite party No.1 and Mr. Abhinav Trivedi learned counsel for opposite party No.2.

Petition has been filed seeking following reliefs:-

" i) issue a writ direction or order in the nature of mandamus commanding the opposite parties to benefit of Pay Band-4 of Rs.37400-67000 with academic grade Pay of Rs. 10500/- admissible to the post of Professor w.e.f. 09.08.2015 in terms of the government order dated 11.08.2015 as well as the judgment and order dated 27.4.2017 passed by this Hon'ble Court in writ petition no. 4660(SB) of 2017-Dr. Seema Mehrotra Vs. KGMU & others and also to grant other consequential service benefits to the petitioner.

ii) issue a writ direction or order in the nature of mandamus commanding the opposite parties to make re-fixation of pay by granting Pay Band-4 of Rs.37400-67000 with academic grade Pay of Rs. 10500/- to the petitioner w.e.f. 9.8.2015 and also make payment of arrears of salary alongwith 18% interest per annum till the date the arrears are actually paid to the petitioner."

It has been stated in the writ petition that the petitioner is entitled to the benefit of Pay Band-4 of Rs.37400-67000 with academic grade Pay of Rs. 10500/- in terms of the Government Order dated 11th August, 2015 and judgment rendered by this court in writ petition No. 4660 (S/B) of 2017 Dr. Seema Mehrotra versus KGMU and others. Certain other prayers have also been made. For the aforesaid grievance, the petitioner has already submitted a representation dated 19th March, 2021 which has been received by the opposite parties.

Considering the aforesaid factors as well as the fact that the petitioner has already represented to the competent authority, the representation being still pending, it would be expedient in case the concerned authority is directed to take a final decision in the matter.

In view of the innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, the opposite party No.2 i.e. Registrar, King George's Medical University, Lucknow is directed to consider and decide the representation dated 19th Mach, 2021 as enclosed in Annxure No.11 to the writ petition within a period of six weeks from the date a copy of this order is served upon him.

With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 14.6.2021

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