Allahabad High Court
SHARDA PRASAD TIWARIversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The court directed the respondent to decide the petitioner's claim for medical leave within four weeks, without deciding the merits of the case.
Summary
The petitioner, Sharda Prasad Tiwari, filed a writ petition seeking a decision on his claim for medical leave after the Director General of Health Services referred the matter to the State Government. The decision was pending before the Up Sachiv Uttar Pradesh Shashan, Chikitsa Anubhag-2. The petitioner prayed for a court order directing the respondent to decide the matter promptly. The respondent's standing counsel contended that the decision would be taken expeditiously. The court, after hearing both sides, ordered the respondent to decide the claim within four weeks, emphasizing that it was not adjudicating the merits but merely directing a timely decision. The writ petition was thus disposed of with the directive.
Issues considered
- Whether the court can direct the Up Sachiv Uttar Pradesh Shashan, Chikitsa Anubhag-2 to decide the petitioner's claim for medical leave expeditiously.
Subjects
- medical leave
- writ petition
- expeditious decision
- administrative law
- health services
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6721 of 2026
Sharda Prasad Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kumar Gaurav, Ram Pratap Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. The petitioner earlier approached this Court by filing Writ A No.19044
of 2025 which was disposed of finally directing the Director General
Health Services, U.P. Lucknow to decide the claim of the petitioner for
sanction of medical leave.
2. Pursuant to the aforesaid, the decision has been taken by him on
24.04.2026. From perusal of the aforesaid it transpires that he has referred
the matter to the State Government to take a decision in the matter.
3. It is argued that the matter is still pending consideration before the
Respondent No.2 namely Up Sachiv Uttar Pradesh Shashan, Chikitsa
Anubhag-2. Hence a prayer has been made to direct the Respondent No.2
to take a decision in the matter, expeditiously.
4. On the other hand, it is argued by the learned Standing Counsel that the
respondent no.2 will take a decision in the matter, expeditiously.
5. Heard counsel for the parties and perused the record.
6. In the facts and circumstances of the case and also in the interest of
justice, the present writ petition is disposed of finally directing the
Respondent No.2 namely Up Sachiv Uttar Pradesh Shashan, Chikitsa
Anubhag-2 to take a decision in the matter, most expeditiously and
preferably within a period of four weeks from the date of presentation of
certified copy of this order, unless there is no legal impediment.
WRIA No. 6721 of 2026
2
7. It is made clear that this Court has not adjudicated the case on merits. It
is upon the Respondent No.2 to pass order after considering the relevant
Rules as well as facts of the case.
(Prakash Padia,J.)
May 6, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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