Disposed

Dr. Neetika Ambesh v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health and Family Welfare Govt. Lko. and 2 Others

Allahabad HC2 Apr 2024/2566/2024

Case brief

AI extract

What is this about?

In a writ petition seeking a regular monthly pension under the old scheme, the Allahabad High Court directed the respondent to decide the petitioner's fresh representation within three months rather than adjudicating the merits of the claim.

What did the court decide?

Direct the respondent no. 2 to decide the petitioner's fresh representation within three months by means of a reasoned order.

Dr. Neetika Ambesh Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26926

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Court No. - 6 Case :- WRIT - A No. - 2566 of 2024 Petitioner :- Dr. Neetika Ambesh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare Govt. Lko. And 2 Others Counsel for Petitioner :- Nitin Kumar Mishra,Vijay Kumar Dwivedi Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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

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

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The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to treat the petitioner as entitled for regular monthly pension etc in terms of the old pension scheme as available prior to 01.04.2005.

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The contention of learned counsel for the petitioner is that the selection process in pursuance to which the petitioner was appointed started in 2003 and final merit list issued on 28.08.2004, on the basis of which the petitioner joined duty on 29.04.2005 and thus would be governed by the old pension scheme.

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After arguing the matter at some length, learned counsel for the petitioner submits that with regard to the reliefs sought in the writ petition, the petitioner may be permitted to submit a fresh representation before the respondent no.2 i.e. Additional Chief Secretary, Department of Finance, Government of U.P., 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.

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In view of the above, it is provided that in case the petitioner 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.

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With the aforesaid direction, writ petition is disposed of .

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

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Order Date :- 2.4.2024 J. K. Dinkar

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

Dr. Neetika Ambesh v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health and Family Welfare Govt. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Dr. Neetika Ambesh v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health and Family Welfare Govt. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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