Dr. Neeta Pandey vs State Of U.P. Thru. Its Secy. Ayush ...
2022 Latest Caselaw 4647 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- WRIT - A No. - 2838 of 2022
 

 
Petitioner :- Dr. Neeta Pandey
 
Respondent :- State Of U.P. Thru. Its Secy. Ayush Anubhag -1 Lko. And Another
 
Counsel for Petitioner :- Amit Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

Petition has been filed seeking a direction to the opposite parties for release of pension with effect from the date of her ad hoc appointment with effect from 9th July, 1999 along with other retiral benefits with interest.

Learned counsel for petitioner submits that petitioner was initially appointed as a part time Medical Officer on 25th October, 1989. When the services of petitioner were not being regularized, the petitioner along with others filed writ petition No. 43034 of 2014 in which petitioner was arrayed as a party. The same was decided by means of judgment and order dated 2.2.2016 allowing the writ petition. Vide order dated 2nd of February, 2016 which in itself was disposed of in terms of judgment and order rendered in the case of Dr. Dhirendra Prakash Tiwari versus State of U.P. and others (Writ A No. 26637 of 2012). It is submitted that subsequently special leave petition No. 34918 of 2016 was also filed by the State which was dismissed vide order dated 8th July, 2021. As such it is submitted that the petitioner is entitled to the benefit already granted earlier vide order dated 2nd February, 2016. To that effect the petitioner has already submitted a representation to the concerned authority. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same.

Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No. 1 i.e. Secretary, Ayush Anubhag-1, Government of U.P. Lucknow. In case such a representation is filed, the same shall be decided by a reasoned and speaking order within with period of six weeks from the date a copy of this order is produced before the said authority

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

Order Date :- 30.5.2022

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