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Allahabad High Court

SUNITAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court disposed of the petition and directed the Chief Medical Officer to decide the pending representation within twelve weeks, without adjudicating the regularization claim.

Summary

The petitioner, Sunita, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and the Chief Medical Officer of District Chandauli to regularize her appointment as a Staff Nurse and to decide her pending representation dated 23-07-2026 within a fixed period. The petitioner argued that her services should be regularized and that the pending representation required expeditious adjudication. The State, through its Standing Counsel, contended that the petition was unnecessary and that the appropriate relief was to direct the Chief Medical Officer to decide the representation within a time frame set by the Court. The Court, without expressing any view on the merits of the regularization claim, ordered that the petition be disposed of and directed the respondent No.4 to decide the representation within twelve weeks of the certified copy of the order, after giving a hearing. The order emphasizes compliance with law and the absence of any other legal impediment.

Issues considered

  • What relief, if any, can be granted by a writ of mandamus to compel regularization of a staff nurse's appointment?
  • Whether the Court should direct the administrative authority to decide a pending representation within a specified time frame.

Subjects

  • mandamus
  • regularization
  • staff nurse
  • writ petition
  • administrative law
  • service matters
  • expeditious decision

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 14960 of 2026

Sunita
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                       :     Anil Kumar Srivastava
Counsel for Respondent(s)                       :     C.S.C.

Court No. - 33
                 HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "1. Issue a writ, order or direction in the nature of mandamus
     commanding the respondent authorities to regularize and appoint the
     petitioner on the regular post of Staff Nurse.

     II. Issue a writ, order or direction in the nature of mandamus
     commanding the respondent no. 4 as Chief Medical Officer, District
     Chandauli to decide the representation of petitioner dated 23-07-2026
     within stipulated period as fixed by this Hon'ble Court (which is annexure
     no. 10 to this writ petition)."

3. Learned counsel for the petitioner submitted that the petitioner is seeking
regularization of her services on the post of Staff Nurse. In this regard, the
petitioner has moved a representation/application which is pending
consideration.

4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no. 4 to decide the representation/application of the petitioner
within a time frame as fixed by this Court.

5. Considering the facts and circumstances of the case, without expressing
                                                                                            WRIA No. 14960 of 2026
                                                                    2


                                    any opinion on the merits of the case, the present petition stands disposed of
                                    finally with a direction to respondent No. 4 to consider and decide the
                                    aforementioned representation/application of the petitioner, in accordance
                                    with law, expeditiously, preferably within a period of twelve weeks from the
                                    date of production of a certified copy of this order after giving opportunity
                                    of hearing to the parties concerned provided that there is no other legal
                                    impediment.



                                                                                     (Manish Kumar Nigam,J.)
                                    September 18, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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