Dr. Om Prakash Saxena vs State Of U.P. Thru. Addl. Chief Secy. ...
2023 Latest Caselaw 36053 ALL

Allahabad High Court

Dr. Om Prakash Saxena vs State Of U.P. Thru. Addl. Chief Secy. ... on 20 December, 2023

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:84261
 
Court No. - 20
 

 
Case :- WRIT - A No. - 9779 of 2023
 

 
Petitioner :- Dr. Om Prakash Saxena
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Finance Sectt. Lko. And 2 Others
 
Counsel for Petitioner :- Ashok Kumar Mishra,Renu Pal
 
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 benefit of Special ACP with effect from the date. It has been allowed to Medical Officers of PMHS Cadre and for providing all consequential benefits in the light of judgment and order passed in case of Dr. Om Prakash Gupta & Anr. versus State of U.P. & Anr. and connected petition.

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

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 06.05.2022. It has also been affirmed that in Special Appeal Defective No.272 of 2022 vide judgment and order dated 15.03.2023. It is further submitted that petitioner is covered by the aforesaid judgment and therefore he has preferred representation dated 16.10.2023 to the opposite parties sent through speed post. At present learned counsel for petitioners restricts his prayer for a final decision with regard to same.

Considering the aforesaid submissions advanced by learned counsel for petitioner, without entering into the merits of the case, opposite party No.1 i.e. Additional Chief Secretary/ Principal Secretary, Department of Finance, Government of U.P., Lucknow is directed to consider and decide the aforesaid representation dated 16.10.2023 by 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 also consider the representation of petitioners in the light of aforesaid judgment in the case of Dr. Om Prakash Gupta in case the same is applicable.

With the aforesaid observation, petition stands disposed of.

Order Date :- 20.12.2023

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