Dr. Pradeep Kumar Shukla v. State of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. and 2 Others

Allahabad HC12 Jul 2024WRIA/5240/2024

Case brief

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Ayurvedic Medical Officer sought to work till 62 years instead of retirement on 31.12.2024. Citing a pending Supreme Court SLP over identical Rajasthan writ petitions, the court adjourned the matter for fresh listing in August 2024 without adjudicating anything.

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Dr. Pradeep Kumar Shukla vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 5240 of 2024

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Petitioner :- Dr. Pradeep Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. And 2 Others Counsel for Petitioner :- Ranjana Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Ms. Ranjana Srivastava, learned counsel for the petitioner and Ms. Jyotsana Pal, learned Chief Standing Counsel-IV for the State-respondents.

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2. By means of this writ petition, the petitioner has prayed for the following relief:-

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"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to permit the petitioner to work till the age of 62 years i.e. 31.12.2026 on the post of Ayurvedic Medical Officer and pay him salary and also provide him all consequential service benefits in accordance with law."

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3. Learned counsel for the petitioner has submitted that in the identical issue this Court has passed the orders in the light of orders being passed by this Court and also by the Apex Court.

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4. However, Ms. Pal learned Chief Standing Counsel-IV has drawn attention of this Court towards the judgment and order dated 28.02.2024 passed by the High Court of Rajasthan in the bunch of writ petitions bearing D.B. Civil Writ Petition No.2949 of 2024 (Dr. Mahendra Singh Jakhar and others vs. State of Rajasthan & others), D.B. Civil Writ Petition No.3042 of 2024 (Dr. Dinesh Chandra Sharma vs. State of Rajasthan & others), D.B. Civil Writ Petition No.2279 of 2024 (Dr. Pyare Lal Meena and others vs. State of Rajasthan & others) and D.B. Civil Writ Petition No.2732 of 2024 (Anisur Rahman vs. State of Rajasthan & others), wherein the similar relief has been prayed and that writ petitions were allowed. The State of Rajasthan approached the Hon'ble Supreme Court and file Special Leave to Appeal bearing Special Leave to Appeal (C) No.9563 of 2024; State of Rajasthan & others vs. Anisur Rahman, wherein the Apex Court passed an order dated 03.05.2024 issuing notice to the parties listing the case on 15.07.2024 with the interim relief that no coercive steps shall be taken against the petitioners until the next date of listing.

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5. Ms. Pal, learned Chief Standing Counsel-IV has stated that

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the petitioner is to retire on 31.12.2024 and there is likelihood that the matter may be finally adjudicated by the Apex Court in the meantime, therefore, the matter may be adjourned for sometime.

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6. Considering the aforesaid request of Ms. Pal, learned Chief Standing Counsel-IV, the case is adjourned for today for the aforesaid reason.

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7. List this case on 12.08.2024 as fresh. On that date, the parties shall apprise the Court about the order, if any, being passed by the Apex Court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 12.7.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Dr. Pradeep Kumar Shukla v. State of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. and 2 Others

Case brief

What is this about?

A compact analysis

Dr. Pradeep Kumar Shukla v. State of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. and 2 Others

Case brief

What is this about?

A compact analysis

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