Disposed

Dr. Om Prakash Gupta and Others v. State of U.P. Thru. the Chief Secy. Govt. of U.P. Civil Sectt. Lko. and Others

Allahabad HC15 Feb 2023/45/2023

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What is this about?

The Allahabad High Court, through a Special Appeal, disposed of the matter by directing the State Government to consider the appellants' fresh representation regarding cadre structuring within three months, referencing Supreme Court guidelines on promotional avenues.

What did the court decide?

Directs State Government to consider fresh representation on cadre structuring within three months; permits legal issues on promotional avenues to be submitted.

Dr. Om Prakash Gupta and Others Vs State of U.P… — Service and Employment | Allahabad HC (2023)

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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.

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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

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By instituting the proceedings of this Special Appeal under Chapter VIII Rule 5 of the Rules of the Court, the appellantspetitioners 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.

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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 appellantspetitioners for ventilation of their grievances, will address itself to all the issues which may be raised by them.

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

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Order Date :- 15.2.2023/Sanjay

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Digitally signed by :- SANJAY PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Dr. Om Prakash Gupta and Others v. State of U.P. Thru. the Chief Secy. Govt. of U.P. Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Dr. Om Prakash Gupta and Others v. State of U.P. Thru. the Chief Secy. Govt. of U.P. Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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