Namita Rose Dayal and 4 Others Vs State of U.P. Thru. Addl. Chief Secy. Medical Health and Family Welfare Lko. and 2 Others — Allahabad HC (2024) — LawSathi Research

Namita Rose Dayal and 4 Others Vs State of U.P. Thru. Addl. Chief Secy. Medical Health and Family Welfare Lko. and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners permitted to submit a fresh representation within two weeks before respondent no.2 (Director General, U.P. Medical and Health Care Services, Swasth Bhawan, Lucknow); respondent no.2 to decide it by a reasoned and speaking order in accordance with law and the relevant rules within three months of submission along with certified copy of the order.

Issue for consideration

Whether the petitioners, appointed as staff nurses against vacancies notified in the year 2001 but after 01.04.2005, are entitled to be treated as appointed prior to 01.04.2005 and thereby to the benefit of the old pension scheme.

Court's answer

In case the petitioners submit a representation within two weeks before respondent no.2, respondent no.2 shall endeavour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of three months from the date of submission of the representation along with certified copy of the order.

Ratio / Principle

This Court has not gone into the merits of the claim set forth by the petitioners; the disposal is limited to the direction to decide a fresh representation.

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 2045 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Abdul Moin J., decided 19.4.2024; neutral citation 2024:AHC-LKO:30900) by Namita Rose Dayal and 4 others, staff nurses appointed against vacancies notified in the year 2001 but after 01.04.2005, seeking a writ of mandamus to be treated as appointed prior to 01.04.2005 so as to obtain the benefit of the old pension scheme. With the consent of counsel, the petition was disposed of without entering the merits: if the petitioners submit a fresh representation within two weeks before respondent no.2 (Director General, U.P. Medical and Health Care Services, Swasth Bhawan, Lucknow), respondent no.2 shall endeavour to decide it by a reasoned and speaking order in accordance with law and the relevant rules within three months of submission along with certified copy of the order. The Court expressly clarified that it had not gone into the merits of the claim.

Neutral Citation No. - 2024:AHC-LKO:30900

Court No. - 6 Case :- WRIT - A No. - 2045 of 2024 Petitioner :- Namita Rose Dayal And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health And Family Welfare Lko. And 2 Others Counsel for Petitioner :- Mohd. Nafees,Sanjai Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioners and learned Standing Counsel for respondents no. 1 to 3.

With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.

The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to treat the petitioners to be appointed prior to 01.04.2005 in pursuance to notification of vacancy of year 2001.

The contention of learned counsel for the petitioners is that although the vacancies were notified in the year 2001 against which the petitioners were appointed on the post of staff nurse yet their appointment is subsequent to 01.04.2005 and thus would not be entitled for the benefit of old pension scheme.

After arguing the matter at some length, learned counsel for the petitioners submits that with regard to the reliefs sought in the writ petition, the petitioners may be permitted to submit a fresh representation before the respondent no.2 i.e. Director General, U.P. Medical and Health Care Services, Swasth Bhawan, Lucknow which may be directed to be decided within a time frame fixed by this Court to which learned Counsel for the respondents has no objection.

In view of the above, it is provided that in case the petitioners submits a representation within two weeks from today before respondent no.2 then respondent no.2 shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of three months from the date of submission of the representation along with certified copy of this order.

With the aforesaid direction, writ petition is disposed of .

It is made clear that this Court has not gone into the merits of the claim set forth by the petitioners.

Order Date :- 19.4.2024/J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench