Prantiya Ayurvedic Evam Unani Chikitsa ... vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 3133 ALL

Allahabad High Court

Prantiya Ayurvedic Evam Unani Chikitsa ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 5 February, 2024

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:12764
 
Court No. - 18
 

 
Case :- WRIT - A No. - 4576 of 2023
 

 
Petitioner :- Prantiya Ayurvedic Evam Unani Chikitsa Seva Sangh Thru. President Dr. Pravin Kumar Rai
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Ayush Deptt. Lko. And Another
 
Counsel for Petitioner :- Avinash Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar,J.
 

1. Heard Shri Avinash Tiwari, learned counsel for petitioners and learned State Counsel for opposite parties.

2. Present petition has been preferred for quashing the impugned orders dated 14.03.2023 and 22.05.2023 passed by respondent no. 2 Director Ayurvedic Service, U.P. Lucknow.

3. Learned counsel for the petitioner has submitted that members of petitioner's Association are working on the post of Medical Officer (Ayurvedic and Unani).

4. It is further submitted that the impugned orders have been passed by respondent no. 2, who is not the appointing authority of the petitioner which is in-fact His Excellency the Governor, U.P./Additional Chief Secretary, AYUSH Department, Government of U.P., Civil Secretariat, Lucknow.

5. Learned counsel for the petitioner has placed reliance upon the judgment of this Court dated 06.11.2023 passed in Writ A No. 6119 of 2023 (Dr. Dharamveer and 3 others Vs. State of U.P. through Additional Chief Secretary and 4 others) where the same issue was involved but in that case the petitioners were Medical Officers (Ayurveda). The present case is squarely covered by the said judgment.

6. Learned Standing Counsel on the basis of instructions received has submitted that the appointing authority of the petitioner is Her Excellency the Governor of Uttar Pradesh /Additional Chief Secretary, AYUSH Department, Government of U.P. , Civil Secretariat, Lucknow. He does not dispute that the present case is squarely covered by the judgment passed by this Court in the case of Dr. Dharamveer (Supra).

7. Considering the submission made , it is evident that order impugned has not been passed by the competent authority and has in fact been passed by the Director of the Department.

8. In view of submissions made by learned Standing Counsel, the orders impugned dated 14.03.2023 and 22.05.2023 and consequential orders are hereby quashed as far as it relates to petitioner granting liberty to the competent authority to pass orders afresh.

9. Considering aforesaid, the petition succeeds and is allowed to the aforesaid extent. Parties to bear their own cost.

Order Date :- 5.2.2024

DiVYa