Disposed

Dr. Narendra Kumar v. Director Disease Control and Farm Animal Husbandry Deptt. Lko. and 3 Others

Allahabad HC22 Jan 2024WRIA/407/2024

Case brief

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What is this about?

Writ petition filed by a veterinary doctor seeking quashing of an order appointing another doctor to a specific facility and directing consideration of a 2016 guideline for his own appointment. The court, without entering into merits, directed the respondent to decide the petitioner's representation within four weeks.

What did the court decide?

Direction to respondent no. 1 to consider and decide the petitioner's representation dated 02.01.2024 within four weeks.

Dr. Narendra Kumar vs Director Disease Control and… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6136

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Court No. - 18

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Case :- WRIT - A No. - 407 of 2024

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Petitioner :- Dr. Narendra Kumar Respondent :- Director Disease Control And Farm Animal Husbandry Deptt. Lko. And 3 Others Counsel for Petitioner :- Deepak Kumar Dwivedi,Suresh Chandra Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

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Present petition has been preferred for quashing of the impugned order dated 01.01.2024 passed by the respondent no. 1-Director, Disease Control and Farm Animal Husbandry Department, Badsahbagh, U.P. Lucknow and with a further prayer to direct the respondents to consider the Government Order dated 13.01.2016 and pass appropriate order as per territorial/jurisdiction of the Veterinary Hospital, Achalganj, Unnao.

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Learned counsel for the petitioner has submitted that petitioner is posted as Veterinary doctor at Veterinary Hospital, Achalganj, Unnao and as per the order issued by Joint Secretary dated 13.01.2016, the petitioner is entitled to hold the charge of M/s Agri Com Foods Private Limited where the anti mortem/post mortem of the animals are conducted, since it is within the 15 kilometers from Achalganj, Unnao whereas Dr. Rajneesh Kumar is posted at Supasi, which is around 25 kilometers from M/s Agri Com Foods Private Limited, who have been given charge by passing the impugned order dated 01.10.2024.

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On the other hand, learned Standing Counsel has submitted that the order dated 13.01.2016 is merely a guideline issued by the Joint Secretary and not a Government Order. It is not binding or mandatory in nature hence writ petition is not maintainable.

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At this stage, learned counsel for the petitioner has submitted that the respondent no. 1 may be directed to decide the representation of the petitioner dated 02.01.2024 in the light of the letter dated 13.01.2016 issued by the Joint Secretary.

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Learned Standing Counsel has no objection to the prayer made aforesaid.

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As prayed by learned counsel for the petitioner and without

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entering into the merit of the case, present writ petition is disposed of with a direction to the respondent no. 1 to consider and decide the representation of the petitioner dated 02.01.2024 in accordance with law within a period of four weeks from the date of certified copy of this order is served.

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Order Date :- 22.1.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Dr. Narendra Kumar v. Director Disease Control and Farm Animal Husbandry Deptt. Lko. and 3 Others

Case brief

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Dr. Narendra Kumar v. Director Disease Control and Farm Animal Husbandry Deptt. Lko. and 3 Others

Case brief

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