Dr. Rakesh Kumar Patel and 6 Others vs State of U.P. Thru. Addl. Chief Secy. Medical and Health Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Dr. Rakesh Kumar Patel and 6 Others vs State of U.P. Thru. Addl. Chief Secy. Medical and Health Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to file individual fresh representations before respondent no. 2 (Director General, Medical & Health Services, Government of Uttar Pradesh), to be considered and decided in accordance with law within eight weeks in light of Dr. Priya Srivastava (Supra) if applicable, with a copy of that judgment to be annexed to the representations; petition disposed of.

Issue for consideration

Whether the petitioners are entitled to the benefit of Assured Career Progression (ACP) from the same respective effective dates on which their juniors were granted ACP pursuant to the consolidated ACP release order dated 10 April 2023, with refixation of pay, full arrears and consequential benefits.

Court's answer

Consideration of the petitioners' grievance would entail factual aspects; liberty is granted to the petitioners to file individual fresh representations before respondent no. 2 (Director General, Medical & Health Services, Government of Uttar Pradesh), who shall consider and decide the same in accordance with law, expeditiously, within a period of eight weeks from receipt, in light of the judgment in Dr. Priya Srivastava (Supra) in case same is applicable.

Ratio / Principle

The petitioners shall annex a copy of the aforesaid judgment (Dr. Priya Srivastava, Writ A No. 9545 of 2024) along with their representations.

Detailed headnote1 paragraphs

WRIT - A No. 1361 of 2026 (HC Allahabad, Lucknow Bench; Manish Mathur, J.; February 9, 2026) — Petitioners sought mandamus commanding respondents to grant Assured Career Progression (ACP) from the same respective effective dates on which their juniors were granted ACP pursuant to the consolidated ACP release order dated 10 April 2023, with refixation of pay, full arrears and consequential benefits. Counsel relied on Dr. Priya Srivastava v. State of U.P., Writ A No. 9545 of 2024 (decided 21.10.2024). Observing that consideration of the grievance would entail factual aspects, the Court did not decide the merits: liberty was granted to file individual fresh representations before respondent no. 2 (Director General, Medical & Health Services, Govt. of U.P.), to be decided in accordance with law within eight weeks in light of the Dr. Priya Srivastava judgment if applicable, a copy of which was to be annexed. Petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 1361 of 2026

Dr. Rakesh Kumar Patel And 6 Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Medical And Health Deptt. Lko. And Another

And Health Deptt. Lko. And Another .....Respondent(s) Counsel for Petitioner(s) : Palak Sahai Gupta, Ishant Pratap Singh Sengar Counsel for Respondent(s) : C.S.C. Court No. - 7

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioners, learned State Counsel for opposite parties.

The present petition has been filed by the petitioners with the following prayer:

"i. In view of the facts and grounds stated hereinabove, it is most respectfully prayed that this Hon'ble Court may kindly issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 1 & 2 to grant the benefit of Assured Career Progression (ACP) to the petitioners from the same respective effective dates on which their juniors were granted ACP pursuant to the consolidated ACP release order dated 10 April 2023, and thereafter refix the pay of the petitioners accordingly along with full arrears and consequential benefits. "

It has been submitted by the learned counsel for the petitioners that similar dispute has already been adjudicated upon by this Court in Writ A No. 9545 of 2024 ( Dr. Priya Srivastava Versus State of U.P. and others ) vide judgment and order dated 21.10.2024.

Since consideration of petitioners' grievance would entail factual aspects, liberty is granted to petitioners to file individual fresh representations before respondent no. 2 i.e., Director General,

WRIA No. 1361 of 2026

2

Medical & Health Services, Government of Uttar Pradesh, Directorate of Medical & Health Services, 9^th Floor, Jawahar Bhawan, Ashok Marg, Lucknow - 226 001 who shall consider and decide the same in accordance with law, expeditiously, within a period eight weeks from the date of receipt of such representation(s) in light of the judgment rendered in the case of Dr. Priya Srivastava (Supra) in case same is applicable in the present case. The petitioners shall annex a copy of aforesaid judgment along with their representation(s).

With the aforesaid observations/directions, petition stands disposed of .

February 9, 2026 lakshman

(Manish Mathur,J.)

Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench