Allahabad High Court
Dr. Anupam Wakhlu vs State Of U.P.Thru.Addl.Chief ... on 15 December, 2020
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 24582 of 2020 Petitioner :- Dr. Anupam Wakhlu Respondent :- State Of U.P.Thru.Addl.Chief Secy./Prin.Secy.Medical & Ors. Counsel for Petitioner :- Mohd. Mansoor,Mohammad Danish Counsel for Respondent :- C.S.C.,Abhinav Trivedi Hon'ble Manish Mathur,J.
Heard Mr. Mohd. Mansoor learned counsel for petitioner, learned State Counsel appearing on behalf of opposite party No.1 while notices on behalf of opposite parties 2 and 3 have been accepted by Mr. Abhinav Trivedi.
Petition has been filed seeking following prayers:-
"(I) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to pay the petitioner the salary as admissible to a Professor in KGMU along with Academic grade of Rs.10,500/- from 11.08.2015, as the petitioner is working on the post of Professor in the Department of Rheumtology, KGMU, Lucknow since 14.07.2015, along with interest for delayed payment.
(ii) Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to consider and decide the representation of the petitioner dated 07.11.2020, in light of the judgment and order of this Hon'ble Court passed in writ Petition No.4660 (S/B) of 2017(Dr. Seema Mehrotra Vs Kind George's Medical University and others) and affirmed by Hon'ble Supreme Court in SLP No/Diary No-22608/2017, Writ Petition No.25252 (S/S) of 2018 (Dr. Rahul Janak Sinha Vs King George's Medical University and others), Writ petition no.21538(S/S) of 2019 (Dr. Samir Misra Vs King George's Medical University and others) and Writ Petition No.2737 (S/S) of 2020 (Dr. Kamal Kumar Vs King George's Medical University and others), contained as Annexure No.12 to the writ petition."
Learned counsel for petitioner submits that petitioner was promoted on the post of Associate Professor on 23rd February, 2011 and further to the post of Professor on 14th July, 2015 whereafter the State Government has taken a policy decision for providing service benefits to the teaching staff of the university as admissible to the teaching staff of the Sanjay Gandhi post Graduate Institute of Medical Sciences and in view thereof various government orders have also been issued. Learned counsel for petitioner submits that despite the aforesaid, the petitioner had not been granted benefits thereof. It has been submitted that the dispute is covered by the judgment rendered by this court in the case of Dr. Seema Mehrotra versus King George's Medical University and others (writ petition No. 4660 S/B of 2017) and other petitions indicated in prayer No.2. For the aforesaid grievance, the petitioner has already submitted a representation dated 7th November, 2020 which is said to be pending consideration. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same.
Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No. 2 i.e. Registrar of King George's Medical University, Lucknow is directed to decide representation dated dated 7th November, 2020 by reasoned and speaking order in the light of the judgments indicated in prayer No.2 in case the same are applicable upon the petitioner within a period of six weeks from the date a copy of this order is produced before him. The petitioner shall annex a copy of the aforesaid representation dated 7th November, 2020 along with copy of this order.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 15.12.2020 prabhat