Dr. Vinod Kumar Tripathi And 3 ... vs State Of U.P. Thru. Its Addl. Chief ...
2023 Latest Caselaw 21967 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:54029
 
Court No. - 20
 

 
Case :- WRIT - A No. - 5988 of 2023
 

 
Petitioner :- Dr. Vinod Kumar Tripathi And 3 Others
 
Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Finance, Govt. Of U.P. Lko. And 2 Others
 
Counsel for Petitioner :- Rakesh Singh,Vinod Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

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

2. Petition has been filed seeking benefit of Special A.C.P. with effect from the date the said benefit has been allowed to Medical Officers of P.M.H.S. Cadre and for providing all consequential benefits in the light of judgment and order passed in case of Dr. Om Prakash Gupta & Anr. vs. State of U.P. & Anr. in connected petition.

3. Learned counsel for petitioners submits that petitioners are working as Medical Officers, Ayurveda and have since superannuated, but the benefit of Special Assured Career Progress Scheme has not been granted to petitioners.

3. It is submitted that similarly situated persons had filed Writ A No.8366 of 2017; Dr. Om Prakash Gupta & Anr. versus State of U.P. & Anr. which has been allowed by means of judgment and order dated 06th May, 2022. It has also been affirmed that in Special Appeal Defective No.272 of 2022 vide judgment and order dated 15th March, 2023. It is further submitted that petitioners are covered by the aforesaid judgment and therefore they have preferred representation dated 27th April, 2023 to the opposite parties sent through speed post. At present learned counsel for petitioners restrict their prayer for a final decision with regard to same.

4. Considering the aforesaid submissions advanced by learned counsel for petitioners and without entering into the merits of the case, opposite party no.2 i.e. Additional Chief Secretary/ Principal Secretary, Department of Ayush, Government of U.P., Lucknow is directed to consider and decide the aforesaid representation dated 27th April, 2023 by passing a reasoned and speaking order, within a period of eight weeks from the date a certified copy of this order is produced before said authority alongwith a copy of representation and a copy of judgment and order dated 06.05.2022 passed in the case of Dr. Om Prakash Gupta (supra). The said opposite parties shall consider the representation of petitioners in the light of aforesaid judgment in the case of Dr. Om Prakash Gupta (supra) in case the same is applicable.

5. With the aforesaid observation, petition stands disposed of.

Order Date :- 16.8.2023

Arnima