Allahabad High Court
Smt. Archana Singh vs State Of U.P. And 3 Others on 13 July, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 6547 of 2022
Petitioner :- Smt. Archana Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ashok Kumar Singh Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Ashok Kumar Singh Yadav, learned counsel for the petitioner and Shri.V.B. Yadav, learned Standing Counsel.
This writ petition has been filed seeking following reliefs:
"(i) issue a writ, order or direction in the nature of writ of certiorari quashing/set aside the impugned order dated 10th August, 2021 passed by respondent no.1, Additional Chief Secretary, Department of Ayush Anubhag 2, U.P. Civil Secretariat, Lucknow (contained as Annexure No.22 to the writ petition). (ii)
(ii) issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no.2 to consider the claim of the petitioner for extension of service for the next on her respective post in Government Homeopathic Medical College Ghazipur within stipulated period as prescribed by this Hon'ble Court.
(iii) issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no.2 to engage the petitioner on her respective duty as prescribed on her respective post in Government Homeopathic Medical College Ghazipur and also direct the respondents to ensure the payment of salary of petitioner as and when falls due within stipulated period as prescribed by this Hon'ble Court.
(iv) issue a writ, order or direction in the nature of writ of mandamus commanding and directing the respondent no.2 to adhere to the terms of government order dated 27.10.2017 on the basis of which petitioner were selected and appointed i.e. their continuance till availability of regular selected candidates or till attaining the age of 65 years which ever was earlier.
(v) Issue any other suitable writ order or direction in which this Hon'ble court may deem fit and proper under the facts and circumstances of the case.
(vi) Award the cost of the petition in favour of the petitioner."
There is no dispute that the case of the petitioner is squarely covered by the judgment of a co-ordinate bench passed in a bunch of matters leading being Writ-A No.12236 of 2021, Manju Verma & Ors, Vs. State of U.P. & Ors, decided on 31.3.2022.
Learned Standing Counsel on instructions submits that till date the said judgment is not challenged by way of filing Special Appeal before the Division Bench.
In Manju Verma & Ors (supra), co-ordinate bench has held in paragraph 14 which is reproduced below:
" In view of aforesaid, this Court does not find any force in the stand taken by learned Additional Chief Standing Counsel. It is apparent that the petitioners are discharged in arbitrary manner. Admittedly, till date no other person have been appointed on the said posts, therefore, all the writ petitions are allowed and all the impugned discharge orders of the petitioners are set aside. The petitioners are allowed to work on their respective posts in their respective colleges as per government orders dated 27.10.2017. However, in case, any complaint is made/received, the State Government shall be at liberty to examine/inquire the said complaint in respect of each candidate as per law and pass order on each case separately. The State or the respondent/authorities shall also be at liberty to examine performance of each petitioner on their respective posts before renewing their services after expiry of their contract period and pass appropriate order in accordance with law. "
The services of the petitioner along with other similarly situated nursing staff were disengaged vide order dated 27.7.2020 on the basis of a Government Order dated 27.10.2017 which is referred in the above paragraph of Manju Verma & Ors (supra).
In view of the above, impugned order dated 10.8.2021 is set-aside and this writ petition is allowed in terms of Manju Verma & Ors (supra) with the direction passed in paragraph 14 as referred above.
Order Date :- 13.7.2022
SB
