Jagdish Narayan Mishra vs State of U.P. Thru. Prin. Secy. Deptt. of Medical Health U.P. Lko. and 3 Others

Neutral Citation No. - 2025:AHC-LKO:1166

Court No. - 6

Case :- WRIT - A No. - 12845 of 2024

Petitioner :- Jagdish Narayan Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health U.P. Lko. And 3 Others Counsel for Petitioner :- Surendra Kumar Mishra,Dharm Raj Mishra

¶5

Counsel for Respondent :- C.S.C.

¶6

Hon'ble Alok Mathur,J.

¶7

Heard learned counsel for petitioner learned Standing Counsel for the State and perused the material available on record.

¶8

By means of the present writ petition, the petitioner has sought a writ in the nature of Mandamus thereby directing the respondents to make payment of arrears of salary of the petitioner for the period from September 2017 to December 2019 and for the month of March 2017 along with 9% interest til the date of actual payment is made to the petitioner and it is further prayed that the respondents may be directed for grant of due A.C.P. along with the arrears and other admissible dues within a stipulated period of time.

¶9

Learned counsel for petitioner has submitted that initially the petitioner was appointed on the post of Medical Officer on 19.09.1985 in the cadre of Uttar Pradesh Medical &* Health Services Cadre. After completion of five years of his services, promotional pay scale was granted vide order dated 07.05.1992. The petitioner was given second promotional pay scale with effect from 19.09.2001. The entire pay structure was revised and the same was applicable with effect from 01.08.2001. The grievance of the petitioner is that due Assured Career

¶10

Promotional Scale was not granted to the petitioner after 2001 after repeated request being made to the respondents. The petitioner was posted in Bahraich on the post of Additional Chief Medical Officer in subordination to the Chief Medical Officer. It is further submitted that a false FIR report dated 31.03.2017 was registered against the petitioner under the provisions of Animal Atrocities Act and the petitioner was acquitted of the charges on 28.02.2024. Because of the registration of the FIR, the salary of the petitioner for the Month of March 2017 was not paid. The petitioner retired from the services on 21.12.2021 and the post retiral and other admissible dues not was paid to the petitioner. The further grievance of the petitioner is that the petitioner was promoted on the post of Additional Director in the year 2018 while junior to the petitioner has been promoted on the post of Additional Director, as such junior to the petitioner was getting higher salary as well as pension.

¶11

Learned counsel for petitioner submits that grievance of the petitioner would be substantially met, if liberty is granted to the petitioner to move a fresh representation raising all this grievance before respondent no. 2 i.e., Director General, Medical & Health Services, Uttar Pradesh Swasth Bhawan, Lucknow and the same may be considered and decided within a stipulated period of time.

¶12

Learned Standing Counsel does not object to the prayer made by the petitioner.

¶13

In light of the above, this petition is disposed of at the admission stage with liberty to the petitioner to move a fresh representation within two weeks from today raising all his grievances before the respondent no. 2 i.e., Director General, Medical & Health Services, Uttar Pradesh Swasth Bhawan,

¶14

Lucknow and the respondent no. 2 shall consider and decide the said representation within a period of six weeks thereafter in accordance with law and communicate the decision to the petitioner.

¶15

With the aforesaid observations/directions, this petition is disposed of.

¶16

(Alok Mathur, J.)

¶17

Order Date :- 7.1.2025 Virendra

¶18

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Jagdish Narayan Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Jagdish Narayan Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Health U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Madhubala Vs State of U.P. Thru. Its Addl. Chief Secy./Prin. Secy. State Tax Lko and 4 Others

Rajendra Prasad Singh Vs State of U.P. Thru. Prin. Secy. Labour Deptt. Lko and 2 Others

Om Prakash Saxena Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Irrigation and Water Resources Lko. and 5 Others

Smt. Rekha Devi Vs State of U.P. Thru. Prin. Secy. Deptt. of Irrigation and Water Resources Lko and 5 Others

Surjan Lal and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Affairs U.P. Shashan Lko. and 4 Others

Pno No. 212230950 Mohit Lohiya and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 4 Others