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Allahabad High Court
Dr. Rajesh Kumar S/O Asharfi Lal vs State Of U.P. Thru Prin. Secy. … on 28 January, 2010
Court No. - 4
Case :- SERVICE BENCH No. - 74 of 2010
Petitioner :- Dr. Rajesh Kumar S/O Asharfi Lal
Respondent :- State Of U.P. Thru Prin. Secy. Medical & Health & Anr.
Petitioner Counsel :- O.P. Srivastava
Respondent Counsel :- C.Sc..

Hon'ble Sunil Ambwani,J.

Hon’ble Dr. Satish Chandra,J.

Heard Shri O.P. Srivastava, learned counsel for the petitioner.
Learned Standing Counsel appears for the respondents.

The petitioner was appointed as an Allopathic Medical Officer
(Male) in U.P. Provincial Medical & Health Services (Plains
Cadre) through U.P. Public Service Commission on 13.8.1999. It
appears that the petitioner proceeded on study leave on 28.9.1999
immediately after his appointment and joining and returned back
in January 2001. Though his probation period of two years is long
over but on his own admission in his representation dated
22.8.2009, the petitioner’s services have not been confirmed. In his
representation dated 22.8.2009 he has requested to sanction study
leave and to confirm his services so that he may be assigned
seniority and promotion in Level-II.

It is submitted by learned counsel for the petitioner, that now after
the specialised cadre has been abolished a seniority is to be drawn
in accordance with the Chandra Prakash’s case decided by Hon’ble
Supreme Court, from the dates of substantive appointments.

The petitioner’s representations dated 29.9.2009; 22.8.2009 and
21.12.2009, annexures-3, 4 an 5 respectively to the writ petition
are still pending.

We find that the petitioner’s representations with regard to sanction
of study leave and for confirmation of his service are required to
be decided before the reliefs claimed in this writ petition may be
considered. The power to decide such representations vests in the
respondent.

The writ petition is accordingly disposed of with directions that
the aforesaid pending representations shall be decided by
respondent no. 1, expeditiously, and if possible within two months
from the date a certified copy of the order is produced before the
respondent no.1.

Order Date :- 28.1.2010 RKP


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