Prantiya Ayurvedic Evam Unani ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 15169 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33670
 
Court No. - 8
 

 
Case :- WRIT - A No. - 3330 of 2023
 

 
Petitioner :- Prantiya Ayurvedic Evam Unani Chikitsa Seva Sangh, Thru. Its President Dr. Pravin Kumar Rai
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Ayush Civil Sectt. U,P. Lko. And 2 Others
 
Counsel for Petitioner :- Sooraj Lal,Anoop Kumar Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for petitioner and learned Standing Counsel appearing for the State-respondents.

2. The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-

"(i) issue a writ order or direction in the nature of Mandamus Commanding the respondent to allow the Medical Officer Ayurveda/Unani Department to continue on the post of District Medical Officer Ayurveda/Unani or Medical Officer of Ayurveda/Unani and pay salary and other benefits till they attained the age of 62 years.

(ii) issue a writ order or direction in the nature of Mandamus Commanding the respondent not to compel to the Ayurveda/Unani Medical Officers or Medical Officer of Ayurveda/Unani retired after attaining the age of 60 years and they may be permitted to work till they attained the age of 62 years.

(iii) issue a writ order or direction in the nature of Mandamus Commanding the respondent to take the appropriate decision on representation dated 12/13.04.2023 (Contained as Annexure No.7) in the light of judgment dated 03.08.2021 passed by Hon'ble Supreme Court in the case of North Delhi Municipla Corporation vs. Dr. Ram Naresh Sharma & Others as early as possible or time stipulate by this Hon'ble Court in the interest of justice.

(iv)...

(v)..."

3. Shri Anoop Kumar Upadhyay, learned Counsel for the petitioner submits that the State Government is seized of the matter in respect of enhancing the age of retirement of Ayurvedic/Unani Doctors in the Government Hospitals, however, final decision has not yet been taken.

4. The State-Government may take a policy decision, if so desires, regarding enhancing the age of retirement of Ayurvedic/Unani Doctors.

5. In view thereof, the present petition is disposed of, the State Government is directed to take a policy decision in respect of enhancing the age of retirement of Ayurvedic/Unani Doctors within a period of six months from today.

(Dinesh Kumar Singh, J.)

Order Date :- 15.5.2023

Piyush/-