Court No. - 38
Case :- WRIT - A No. - 11056 of 2019 Petitioner :- Dr. Kapil Dev Respondent :- Secretary Medical, Health And Family Welfare And 5 Others Counsel for Petitioner :- Gopal Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner in respect of payment of subsistence allowance had earlier approached this Court by filing Writ Petition No.8029 of 2019, which was disposed of vide following order passed on 20.5.2019:-
"Heard learned counsel for the parties.
Petitioner a Medical Officer came to be suspended on 28 June 2017 due to pendency of a criminal case.
It is urged that petitioner is receiving subsistence allowance w.e.f. 1 May 2018. By the instant writ petition, petitioner primarily seeks the following relief:
"A writ, order or direction in the nature of mandamus commanding the respondents to pay the arrears of the subsistence allowance to the petitioner from 28.6.2015 (date of his suspension) to 30.4.2018, in accordance with the provisions of Rule 4(9) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999."
Learned Standing Counsel submits that the second respondent shall consider and decide the claim of the petitioner expeditiously.
In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by the respective parties, it is provided that the second respondent, Secretary, Uttar Pradesh Shashan Medical (Chikitsa) Anughag-3, Lucknow, shall consider and decide the claim/representation of the petitioner, by a reasoned and speaking order, expeditiously, preferably, within two months from the date of filing of certified copy of this order along with the copy of the writ petition.
With the aforementioned observations/directions, the writ petition stands disposed of "
This petition has again been filed on the ground that subsistence allowance at the rate of 75% of the salary is liable to be paid to the petitioner.
Once the petitioner has already approached this Court and he has been permitted to raise his grievance before the authority concerned, it would always be open for him to make the grievance regarding higher rate of subsistence allowance.
Second writ petition in respect of same cause is, therefore, not liable to be entertained.
Leaving it open for the petitioner pursue his representation before the authority in terms of this Court's order dated 20.5.2019, this petition is consigned to records.
Order Date :- 25.7.2019 Ashok Kr.