Shyam Babu Yadav and 16 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Ayush, Lko. and 2 Others

Allahabad HC2 Sept 2024WRIA/7259/2024

Case brief

AI extract

What is this about?

Writ petition by 17 petitioners seeking quashing of an order dated 2.8.2024 and confirmation, regularization, pay-scale fixation and seniority placement as Pharmacists, alleging hostile discrimination against similarly placed employees who received benefits in compliance of earlier orders of this Court. The court found the matter to require consideration and directed a detailed counter affidavit.

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Shyam Babu Yadav and 16 Others vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 7259 of 2024

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Petitioner :- Shyam Babu Yadav And 16 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Ayush, Lko. And 2 Others

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Counsel for Petitioner :- Ram Raj Ojha,Pallavi Vatsala Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Ms. Bulbul Godiyal, Senior Advocate assisted by Ms. Pallavi Vatsala, learned counsel for the petitioner and Sri Vijay Bajpai, learned Standing Counsel.

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By means of this petition, the petitioner has prayed the following relief:-

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"i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 2.8.2024 passed by opposite party No.3 as contained in Annexure No.1 to the writ petition.

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ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No.3 to confirm the services of the petitioners on the post of Pharmacist looking into consideration the date of their initial appointment.

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iii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No.3 to regularize the services of the petitioners from the date of their respective appointment with all consequential service benefits.

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iv) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No.3 to pay the petitioners the promotional pay scale considering their length of service on the post of Pharmacist.

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v) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No.3 to include the name of the petitioners in the seniority list of Pharmacist Cadre at the respective seniority position."

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The learned Senior Advocate has submitted that in a identical facts and circumstances, the authorities have complied with the orders giving benefit to the similarly placed employees but the claim of the petitioner has been rejected without having any cogent reasons to that effect, therefore, this is a case of hostile discrimination. Those orders have been enclosed with the petition as annexure no. 24 which have been passed in compliance of the order of this Court.

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Matter requires consideration.

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Let detailed counter affidavit be filed within a period of three weeks.

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A week's time thereafter is granted for filing rejoinder affidavit.

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List this case on 17.10.2024, as fresh.

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This matter may be taken up after fresh cases.

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Order Date :- 2.9.2024 Anurag

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

Shyam Babu Yadav and 16 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Ayush, Lko. and 2 Others

Case brief

What is this about?

A compact analysis

Shyam Babu Yadav and 16 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Ayush, Lko. and 2 Others

Case brief

What is this about?

A compact analysis

Parties & counsel

Coram

Case details

All orders in this case

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