Allahabad High Court
Pratiksha Chaturvedi And Ors. vs State Of U.P. Thru Secy. Medical & ... on 30 June, 2021
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- SERVICE SINGLE No. - 13299 of 2021
Petitioner :- Pratiksha Chaturvedi And Ors.
Respondent :- State Of U.P. Thru Secy. Medical & Health Services Lko.&Ors.
Counsel for Petitioner :- Shivam Sharma
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) Learned counsel for the petitioners submits that the petitioners had applied in pursuance of an advertisement published in the Newspaper on 11.02.2016 for the post of Ayurvedic Staff Nurse and Unani Department for the year 2014-15. The written examination was held on 24.02.2016 and after clearing the same the petitioners were called for interview on 04.04.2016. On 04.04.2016 interview was held and the petitioners were declared successful on the basis of marks obtained in the written examination and interview. The petitioners were also allowed to undertake the nursing course which they completed in 2019 and were registered with the Board of Medicine in March, 2021. The petitioners were, however, not given appointment as in the meantime, the Service Rules were being framed and the posts were proposed to be filled up by the Public Service Commission as a Pay Scale of the posts had been enhanced. One similarly situated candidate as the petitioners approached this Court by filing the Writ Petition No.33476 (S/S) of 2019 (Bhawna Mishra Vs. State of U.P. and others). This Court by means of a detailed judgment and order dated 07.01.2020 has allowed the writ petition and directed for consideration of the candidature of the petitioner therein for Ayurvedic Staff Nurse in a Medical College, Hospital or Dispensary under the State Government, as per the policy prevalent in the recent past.
(3) It has been submitted by the learned counsel for the petitioners Shri Shivam Sharma, that similar orders have been passed by a Co-ordinate Bench of this Court in Writ Petition No.8599 (S/S) of 2017 (Saumya Mishra and 17 others Vs. State of U.P. and others) on 27.01.2020, Writ Petition No.3837 (S/S) of 2020 (Radhika Kanojia & Others Vs. State of U.P. and others) on 06.10.2020 and in Writ Petition No.3839 (S/S) of 2020 (Vaishali & Others Vs. State of U.P. and others) on 06.10.2020 alongwith several other petitions of similar nature. The orders passed by Co-ordinate Benches of this Court have been filed collectively and Annexure-10 to the petition.
(4) Learned Standing Counsel does not dispute that the matter of the petitioners is identical in nature.
(5) Shri Shivam Sharma, has informed this Court that a Special Appeal has been filed against the judgment in the case of Bhawna Mishra and the same has been entertained by this Court but no interim order has been granted till date.
(6) This Court finds that several Co-ordinate Benches have granted the benefit of judgment in Bhawna Mishra to similarly situated writ petitioners. There is no stay of operation of judgment and order dated 07.10.2020 till date. The Special Appeal filed in the case of Bhawna Mishra is yet to be decided. It would be appropriate, therefore, for this Court to give the benefit of the judgment passed in Bhawna Mishra's case to the petitioners as well making it subject to final order passed in Special Appeal by the Division Bench.
(7) The writ petition is allowed in terms of judgment reserved by this Court in the case of Bhawna Mishra on 07.01.2020. Let appropriate orders be passed by the State respondents with promptness, preferably within a period of two months from the date of production of a copy of this order.
Order Date :- 30.6.2021
PAL
