Allahabad High Court
Dr. Abhay Kumar Prajapati vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 31 May, 2024
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:42190
Court No. - 6
Case :- WRIT - A No. - 4614 of 2024
Petitioner :- Dr. Abhay Kumar Prajapati
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Ayush Lko. And 3 Others
Counsel for Petitioner :- Vimalesh Kumar Singh,Shivang Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner and learned Standing counsel appearing on behalf of the State-respondents.
No notice need be issued to the respondent no. 4 taking into consideration the nature of order proposed to be passed.
With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.
The contention of learned counsel for the petitioner is that the petitioner is pursuing Ph.D programme from the All India Institute of Ayurveda Affiliated to Faculty of Ayurvedic and Unani Medicines, University of Delhi, New Delhi. It is contended that the petitioner is presently working on the post of Medical Officer, Community Health (Ayurvedic and Unani) having been appointed on 28.07.2023. The petition has applied for study leave on 25.08.2023 & 24.5.2024 which application is still pending for consideration before the respondent no. 2.
Reliance has been placed on a Division Bench judgment of this Court passed in Special Appeal No. 64 of 2024 Inre; Dr. Bhawana Vs. State of U.P and Ors decided on 07.05.2024 as well as the judgment of this Court passed in Writ-A No. 3620 of 2024 Inre; Dr. Divyani Vs. State of U.P and ors decided on 17.05.2024 to contend that this aspect of the matter has been considered threadbare. Placing reliance on the aforesaid judgment, the prayer is that the respondent no. 2 be directed to consider and grant the study leave of the petitioner.
To the aforesaid prayer, learned Standing counsel does not have any objection to the same.
Accordingly, considering the aforesaid, the writ petition is disposed of with the direction to the respondent no. 2 to consider the study leave application of the petitioner dated 24.05.2024, a copy of which is part of annexure 1 to the writ petition in accordance with law as well as the judgments of this Court in the case of Dr. Bhawana (supra) & Dr. Divyani (supra).
Let such a consideration be made within a period of four weeks from the date of receipt of a certified copy of this order.
The petitioner while sending the certified copy of this order would also annex the copies of the judgments of this Court in the case of Dr. Bhawana (supra) & Dr. Divyani (supra).
Order Date :- 31.5.2024
Pachhere/-
