LAWS(ALL)-2009-5-694

URMILA SINGH Vs. STATE OF U P

Decided On May 05, 2009
URMILA SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE petitioner is a Medical Officer of Level I and her case is that she has been selected by the Public Service Commission. THE grievance of the petitioner is that several persons junior to the petitioner have been promoted to higher levels and the petitioner still continues in Level-I. Counsel for the petitioner relies upon paragraph 13 of the writ petition it is stated that the candidature of the petitioner for promotion was never considered. Learned counsel for the petitioner placed reliance upon a decision of the Division Bench of this Court in Writ Petition No. 72523 of 2005 (Dr. Virendra Kumar Pal Vs. State of U.P. and others) and submitted that this court had noticed the anomaly of functioning of senior doctor under a junior doctor as giving frustration and the court had expressed that such anomaly should be removed. Reference is also made to the (direction no. iv) in the said order that promotion be made in specialized cadre, male or female on all levels by 15.6.2006. Counsel for the petitioner submits that despite these observations of the court the petitioner's case has not been considered. In respect of her grievance it is stated that the petitioner has filed a representation dated 24.2.2009 to the respondent no.1 and it is submitted that the said representation has not been disposed of. We have heard the learned standing counsel also. In the facts and circumstances of the case we dispose of the writ petition finally with a direction to the respondent no. 1 that the representation of the petitioner dated 24.2.2009 be disposed of preferably within a period of two months from the date a certified copy of this order is filed by the petitioner. It is made clear that we have not expressed any opinion upon the merits of the petitioner's case and the respondents may take a decision in the matter in accordance with law.