Dr. Hemlata vs State Of U.P. Thru. Addl.Chief ...
2021 Latest Caselaw 11315 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- SERVICE SINGLE No. - 26356 of 2021
 

 
Petitioner :- Dr. Hemlata
 
Respondent :- State Of U.P. Thru. Addl.Chief Secy. Ayush Lko. & Ors.
 
Counsel for Petitioner :- Ishan Baghel,Priyank Yadav,Veena Vijayan Rajes
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondent nos. 1 to 4 has been accepted by the office of the Chief Standing Counsel.

Submission of the learned counsel for the petitioner is that the petitioner had challenged the selection of one Dr. Renu Mahendra, Reader, in Writ Petition No. 1971(S/B) of 2015, (Dr. Hemlata and Others Versus State of U.P.) and the said writ petition was allowed vide order dated 02-03-2016 with a direction to the state government to take a decision in the matter of enquiry with regard to teaching experience of the petitioner.

It is further submitted that in furtherance of the said order dated 02-03-2016 passed by this court, an enquiry was held and by means of order dated 13-06-2017, it was found that there was no illegality regarding teaching experience and testimonials of the petitioner.

It is further submitted that since the petitioner's case was not being considered for her seniority, she had filed another Writ Petition bearing no. 20123 (S/S) of 2021, (Dr. Hemlata Versus State of U.P. Thru. Addl. Chief Secy. Ayush & Ors), which was disposed of by this court by means of Judgment and order dated 23-10-2021 with a direction to the state government to hold the meeting of Departmental Promotion Committee and name of the petitioner should also be included in the seniority list in the Cadre of Principal/Additional Director etc., in the Ayush Department within a period of two months.

However, in order to oust the petitioner, the impugned order dated 22-10-2021 has been passed wherein again a 'question mark' has been raised regarding educational experience, qualification and testimonials etc. of the petitioner, which is apparently not legal as the enquiry in the matter has already been held.

Learned Standing Counsel prays for short time to seek instructions in the matter.

List this case on 16-11-2021, as fresh.

Order Date :- 12.11.2021

AKS