Dr. Dharam Dutt Gaur And 3 Others vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 21243 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52497
 
Court No. - 20
 

 
Case :- WRIT - A No. - 5774 of 2023
 

 
Petitioner :- Dr. Dharam Dutt Gaur And 3 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy., (Ayush), U.P. Lucknow And Another
 
Counsel for Petitioner :- Raj Kumar Upadhyaya (R.K.Upadhyaya)
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard Sri Raj Kumar Upadhyaya, learned counsel for the petitioners as well as learned Standing Counsel for the respondents.

2. It has been submitted by learned counsel for the petitioners that petitioners are retired employees who were earlier working on the post of Medical Officer (Ayurvedic) and during their service period they were entitled to the IInd and IIIrd ACP, but the same was denied to them by the State Government.

3. It has been submitted that controversy relating to the Medical Officers (Ayurvedic) has been decided by this Court by means of judgment and order dated 06.05.2022, passed in a bunch of writ petitions, leading being Writ -A No. 8366 of 2017 - Dr. Om Prakash Gupta and Another Vs. State of U.P. and Another, where this Court had allowed the writ petitions holding that the Medical Officers (Ayurvedic) are entitled for IInd, IIIrd and IVth ACP.

4. Learned counsel for the petitioners submits that on the reasoning given in the judgment and order dated 06.05.2022, the petitioners are also entitled to the same benefit.

5. Learned counsel for the petitioners after arguing the matter up to some length submits that grievance of the petitioners shall be substantially redressed in case respondents are directed to consider and decide petitioners representation dated 29.04.2023/06.05.2023 (Annexure-15 to the writ petition) expeditiously.

6. Learned Standing Counsel has no objection in case suitable directions are issued to the respondent no. 2 to consider and decide petitioners representation within stipulated time period.

7. In view of above, present writ petition is disposed of with direction to respondent no. 2 to consider and decide petitioners representation dated 29.04.2023/06.05.2023 (Annexure-15 to the writ petition) expeditiously, say within a period of eight weeks from the date of production of certified copy of this order, by means of reasoned and speaking order, in accordance with law and communicate the decision to the petitioners.

8. With aforesaid directions the writ petition stands disposed of.

Order Date :- 8.8.2023

kvg/-