The High Court dismissed a writ petition seeking salary and benefits during an ICMR-NIE deputation. The petition lacked necessary averments regarding the specific start date of the claimed reliefs.
The writ petition was dismissed with liberty to withdraw and file a fresh petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 39 Case :- WRIT - A No. - 19330 of 2018 Petitioner :- Dr. Surya Prakash Gangwar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Shri Suresh Pratap Singh for the petitioner and the learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking a direction to the respondents to pay him full salary alongwith compensatory allowance, house rent allowance and other service benefits during his sponsorship/deputation by the State Government to the National Institute of Epidemiology (Indian Council of Medical Research).
In not a single para of the writ petition is there any averment as to from what date the petitioner is seeking the relief which is claimed in this writ petition.
Learned counsel for the petitioner has referred to paragraph 9 of the writ petition which only mentions that he joined at MPH-PH Course at ICMR-NIE, Chenni on 3 July 2017 as in-service candidate. This does not show the date on which the petitioner has joined the sponsorship/deputation in the National Institute of Epidemiology and from what date he is seeking house rent allowance, compensatory allowance and other service benefits.
Learned counsel then prays that he may be permitted to withdraw the writ petition with liberty to file a fresh petition.
The writ petition is, accordingly, dismissed with the aforesaid liberty.
Order Date :- 12.9.2018/SK
1 issue framed by the court
Whether to permit a post-facto clarification for the relief sought in the writ petition.
Dr. Surya Prakash Gangwar
State Of U.P.
2 Others
B. Amit Sthalekar
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
