Dr. Om Prakash Gupta And Others vs State Of U.P. Thru. The Chief Secy. ...
2023 Latest Caselaw 5146 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- SPECIAL APPEAL No. - 45 of 2023
 
Appellant :- Dr. Om Prakash Gupta And Others
 
Respondent :- State Of U.P. Thru. The Chief Secy. Govt. Of U.P. Civil Sectt. Lko. And Others
 
Counsel for Appellant :- Avinash Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard learned counsel for the appellants-petitioners and learned State Counsel.

By instituting the proceedings of this Special Appeal under Chapter VIII Rule 5 of the Rules of the Court, the appellants-petitioners have impeached the judgment and order dated 17.11.2022, passed by learned Single Judge in Writ-A No. 28311 of 2019, whereby the writ petition has been disposed of with the liberty to the appellants-petitioners to move a fresh representation raising all the grievances and placing all the facts necessary in support of their claim before the State Government, whereupon the State Government has been directed to take decision in accordance with law.

Without entering into merits of the claim of the respective parties i.e. the appellants-petitioners as also the State Government in the matter relating to cadre structuring of the appellants-petitioners, who are working as Medical Officers in the Ayurvedic and Unani Department of the State Government, we only provide that in case the appellants-petitioners move fresh representation to the State Government in respect of their grievances, the State Government shall consider the same and take decision thereon positively within a period of three months from the date, such representation is made. We also permit the appellants-petitioners to take the legal issues as enunciated by the Hon'ble Supreme Court in its various judgments, before the State Government wherein it has been provided that in every cadre, an endeavour should be made to have at least two promotional avenues. The appellants-petitioners while making representation shall enclose copy of the judgments in this regard. We further direct that the State Government while considering the representation to be made by the appellants-petitioners for ventilation of their grievances, will address itself to all the issues which may be raised by them.

With the aforesaid observations/directions, the Special Appeal is hereby disposed of.

Order Date :- 15.2.2023/Sanjay