Dr. Devashish Shukla vs State of U.P. Thru. Chief Secy. U.P. Lko. and 4 Others

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Neutral Citation No. - 2025:AHC-LKO:31880

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Court No. - 3

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Case :- WRIT - A No. - 5988 of 2025

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Petitioner :- Dr. Devashish Shukla

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Respondent :- State Of U.P. Thru. Chief Secy. U.P. Lko. And 4 Others Counsel for Petitioner :- Abhinav Singh Counsel for Respondent :- C.S.C.,Shubham Tripathi

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for the petitioner and Sri Shubham Tripathi, learned counsel for the Kalyan Singh Super Specialty Cancer Institute, Lucknow.

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This Court has passed the order dated 27.05.2025, which reads as under:-

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"Heard Sri Abhinav Singh, learned counsel for the petitioner, Sri Brijendra Singh, learned Additional Chief Standing Counsel and Sri Shubham Tripathi, learned counsel for the opposite party nos. 2 to 5.

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

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"I. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to release the salary of the Petitioner for the month of February 2025 forthwith;

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II. To issue a writ, order, or direction in the nature of mandamus commanding the Respondents to pay interest at the rate of MCLR +1% with effect from the date of accrual of his salary till the date of actual payment of the same;"

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Learned counsel for the petitioner has stated that the petitioner has discharged his services at Kalyan Singh Super Specialty Cancer and Hospital, Lucknow as Medical Superintendent till 28.02.2025. He was discharging his duties on deputation basis. He repatriated to his parent department vide order dated 28.02.2025 and presently he is serving at Balrampur Hospital, Lucknow on the post of Consultant Psychiatrist. Annexure No. 12 is a no dues certificate submitted by the petitioner. The Chief Medical Superintendent issued a letter dated 03.04.2025 (Annexure No. 5) demanding the no dues certificate from the petitioner.

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Learned counsel for the petitioner has stated that the petitioner has preferred a representation to all the competent authorities including the Director of the institute apprising that he has already submitted his no dues certificate and there are no dues against him but he has not been paid salary for the month of February, 2025 till date.

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Learned counsel has further submitted that for one reason or another, the

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salary of the petitioner has not been paid and the reasons taken by the competent authorities are patently illegal and unwarranted inasmuch as the salary of an employee may not be stopped. More so such salary may not be stopped for the reason so indicated by the Finance Officer in his letter dated 21st April 2025, addressing to Chief Medical Superintendent. Sri Abhinav Singh has further submitted that in compliance of the letter dated 21st April 2025, the petitioner provided all details regarding adjustment vide letter dated 24th April 2025, which has been enclosed as Annexure No. 8.

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Ignoring the aforesaid correspondence, the Chief Medical Superintendent has again written a letter dated 10th May 2025 (Annexure No. 10), therefore, Sri Abhinav Singh has stated that the petitioner is being harassed by the Finance Officer as well as the by the Chief Medical Superintendent for no cogent reasons to that effect.

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Sri Subham Tripathi, Learned counsel for the opposite party nos. 2 to 5 has stated that he has received some instructions, but those instructions are not sufficient, therefore, 24 hours time may be given to seek further instructions.

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List/put up this matter tomorrow, i.e., 28.05.2025 in the additional cause list, as fresh.

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If the salary of the petitioner for the month of February, 2025 is paid, the information thereof shall be provided to the Court, and if the aforesaid salary is not paid to the petitioner, the Finance Officer, Kalyan Singh Super Specialty Cancer and Hospital, Lucknow, opposite party no. 5 shall appear in person along with records to assist the Court.

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The matter may be taken up at 2:15 PM.

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Sri Subham Tripathi shall intimate this order to the concerning competent authority of the institute even without giving the copy of this order."

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Sri Tripathi has produced a copy of letter dated 27.05.2025 issued by the Director of the Kalyan Singh Super Specialty Cancer Institute, C.G. City, Sultanpur Road, Lucknow (hereinafter referred to as "the Institute") addressing to his counsel apprising that the petitioner has been paid his entire salary for the month of February, 2025 to the tune of Rs.1,37,187.00. The letter is taken on record.

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Since grievance of the petitioner, which has been raised in the present writ petition, has been redressed, therefore, there is no purpose to keep this writ petition pending any longer but before parting with, I would like to observe that the authorities should not harass any employee without having any cogent reasons. If the aforesaid salary has been paid in compliance of the order of this Court dated 27.05.2025, it could have been paid to him much earlier also, but for claiming his bonafide and genuine claim, the petitioner has been compelled to engage counsel to file the writ petition before this Court, so, this type of

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conduct of concerning authorities comes within the purview of harassment.

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A note of caution is issued to the concerning authority of the Institute to act strictly in accordance with law in future.

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Consigned to records .

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Let this order be intimated to the Chief Secretary, Government of U.P., Civil Secretariat, Lucknow- cumChairman, Kalyan Singh Super Specialty Cancer Institute, Lucknow by the Registry of this Court within three days for information.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 28.5.2025 RBS/-

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

Dr. Devashish Shukla v. State of U.P. Thru. Chief Secy. U.P. Lko. and 4 Others

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Dr. Devashish Shukla v. State of U.P. Thru. Chief Secy. U.P. Lko. and 4 Others

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