Allahabad High Court
NISHA BHARTI AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court directed Respondent No.3 to consider and decide the petitioners' representations within twelve weeks, without examining the merits, and disposed the petition.
Summary
The petitioners sought mandamus directing the Uttar Pradesh Health Department to consider their claim for six‑month pre‑promotion training, include them in the list of eligible health workers for a January 2026 training, publish a seniority list of women health workers in Azamgarh, and act on their representations dated August and November 2025‑2026. The court, noting that the petitioners had already represented their grievance, found no merit in keeping the petition pending. It ordered Respondent No.3 to consider and decide the representations within twelve weeks, after giving a hearing to all concerned parties. The court expressly stated that it had not examined the merits of the petition and was acting strictly in accordance with law. Consequently, the petition was disposed of following the directive.
Issues considered
- Whether the petitioners are entitled to mandamus directing the respondents to consider their claim for pre‑promotion training under the 2018 Health Workers Service Rules
- Whether the respondents must include the petitioners in the list of eligible health workers for the January 2026 training
- Whether the respondents are required to prepare and publish the seniority list of women health workers in District Azamgarh for promotion purposes
- Whether the court can order the respondents to consider the petitioners' representations dated 8‑Aug‑2025, 10‑Nov‑2025 and 15‑Nov‑2026
Subjects
- mandamus
- pre‑promotion training
- seniority list
- health workers
- Uttar Pradesh Medical Health and Family Welfare Department
- service rules 2018
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14738 of 2026
Nisha Bharti And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Suneel Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This writ petition has been filed for the following reliefs:-
"i. Mandamus, directing the Respondents to consider the Petitioners'
claim for the 6-month pre-promotion training for the post of Swasthya
Paryavekshak (Mahila) in accordance with the Uttar Pradesh Medical
Health and Family Welfare Department Health Workers and Health
Supervisors (Male and Female) Non-Gazetted Service Rules, 2018.
ii. Mandamus, directing the Respondents to include the names of the
Petitioners in the list of eligible Health Workers to be forwarded to the
Director General, Family Welfare, Uttar Pradesh, Lucknow, for the
purpose of the training scheduled for January 2026.
iii. Mandamus, directing the Respondents to prepare and publish the
complete seniority list of Women Health Workers in District Azamgarh
and to apply the same for the purpose of promotion.
iv. Mandamus, directing the Respondents to consider the Petitioners'
representations dated 18-08-2025, 15-11-2026 and 10-11-2025 and to
pass appropriate orders thereon in accordance with law."
2. Learned Standing Counsel has submitted that as petitioners have
already represented, no useful purpose would be served in keeping this
petition pending and it would be appropriate that respondent be directed
to consider the grievance of the petitioners in accordance with law.
3. In view of these facts, respondent No. 3 is directed to consider and
decide the representations dated 8.08.2025, 15.11.2026 and 10.11.2025 of
WRIA No. 14738 of 2026
2
the petitioners in accordance with law, after providing opportunity of
hearing to all the concerned parties, expeditiously, preferably within a
period of twelve weeks from the date of production of certified copy of
this order.
4. It is made clear that this court has not examined the matter on merits
and the order shall be passed strictly in accordance with law.
5. Accordingly, the petition stands disposed of.
(Manish Kumar Nigam,J.)
September 23, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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