HIGH COURT OF JUDICATURE AT ALLAHABAD vs Counsel for Petitioner(s)

1. Heard Sri Amar Singh Yadav, learned counsel for the petitioners who are five in number and Sri S.K. Pal, learned Standing Counsel, who appears for State-respondents.

2. The case of the writ petitioner is that during covid period emanating from the pandemic PAN India in order to strengthen the human resources and infrastructure, certain Government orders/ circulars came to be issued on

04.04.2020 and 30.04.2021, pursuant whereto the writ petitioner participated in the walk-in interviews on 13.05.2021 and the writ petitioners being fully eligible, qualified were engaged and further without any reasons, their contractual services were dispensed with. Learned counsel for the writ petitioner submits that the said issue came up for consideration before the co-ordinate Bench of this Court in Writ-A No. 4266 of 2025 (Ankur Saxena and 3 others v. State of Uttar Pradesh and 5 others) in which on 16.05.2025, the following orders were passed: "1. Heard Sri Rajat Aren and Sri Raj Kumar Singh, learned Advocates appearing for the petitioners as well as learned Standing Counsel for the State-respondent.

2. By means of this petition filed under Article 226 of the Constitution of India, petition has prayed for writ of mandamus to command respondent nos.4, 5 & 6 more especially the sixth respondent to make appointments on Group-D posts in medical and health services in district hospital or in the hospitals attached to the medical colleges in consonance with the guidelines as contained under the provisions of the Government Order dated 27.08.2024 clarified by a subsequent Government order dated 21.01.2025.

3. Learned counsel for the petitioners has placed reliance upon the letter dated 2 WRIA No. 15406 of 2025

09.07.2024 issued by the Mission Director, National Health Mission, U.P., Lucknow and 21.07.2024 passed by Chief Medical Officer, Bulandshahr which also refers to the preference given to those persons who have worked on contract basis or through out- sourcing during COVID-19 that had engulfed entire State of U.P. He further states that petitioner nos.1, 2 and 3 were earlier engaged on contract basis while petitioner no.4 was engaged through service provider agency. According to learned counsel for the petitioner in District Bulandshar the process of appointment is underway without calling those COVID warriors on preferential basis. In view of all these arguments earlier when the petitioners were heard on 08.04.2025 CMO Bulandshar was required to remain present to explain the position or to file personal affidavit in the matter. Since, no personal affidavit came to be filed by CMO Bulandshahr and also for his absence on the earlier date fixed i.e. 30.04.2025, he was required to remain present today in Court.

4. Dr. Sunil Kumar Dohare currently holding the post of CMO Bulandshahr is present in Court.

5. Upon a pointed query being made he has stated before the Court that all the Group- D employees on contract basis are being engaged by the CMO to be posted either in the Government Hospital or medical college. He further submits that there is no reason why the Government Order dated 27.08.2024 and 21.01.2025 would not be considered and relied upon while making appointments on contract basis. He further assures the Court that as and when appointment process is undertaken by the Chief Medical Officer in District Bulandshar as he happens to be the Chief Medical Officer, such candidates who were COVID warriors and have served the District Medical and Health Services during pandemic COVID-19, shall be given preference subject to their suitability.

6. In view of such statement given before the Court I do not see any justification to issue any further direction in the matter and I record this statement of the Chief Medical Officer Dr. Sunil Kumar Dohare as undertaking given before the Court qua preference to be given to the COVID warriors while making appointment of Group-D employees in Medical and Health Services of the District.

7. This petition thus stands disposed of recording the aforesaid undertaking given in the Court today. It is further provided that wherever vacancies are sought to be filled up or even otherwise appointments on contract basis are sought to be made, such COVID warriors shall be appointed on preferential basis subject to their suitability.

8. Personal appearance of Chief Medical Officer, Bulandshahr Sri Sunil Kumar Dohare stands dispensed with. Notice issued to him also stands discharged.

9. The exemption application stands allowed."

3. According to the writ petitioner, the case of the writ petitioner entitled to 3 WRIA No. 15406 of 2025 be consider and also extended the said benefits which has been extended in the case of Ankur Saxena and 3 others (supra).

4. Learned Standing Counsel submits that the claim of the writ petitioner needs examination at the first instance by the sixth respondent, Chief Medical Officer, Azamgarh.

5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same.

6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the self- attested copy of the writ petition before the sixth respondent who shall on the receipt of the same by 31.10.2025, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order.

7. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case.

8. With the aforesaid observation, the writ petition is disposed off. October 14, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

1. Heard Sri Amar Singh Yadav, learned counsel for the petitioners who are five in number and Sri S.K. Pal, learned Standing Counsel, who appears for State-respondents.

2. The case of the writ petitioner is that during covid period emanating from the pandemic PAN India in order to strengthen the human resources and infrastructure, certain Government orders/ circulars came to be issued on

04.04.2020 and 30.04.2021, pursuant whereto the writ petitioner participated in the walk-in interviews on 13.05.2021 and the writ petitioners being fully eligible, qualified were engaged and further without any reasons, their contractual services were dispensed with. Learned counsel for the writ petitioner submits that the said issue came up for consideration before the co-ordinate Bench of this Court in Writ-A No. 4266 of 2025 (Ankur Saxena and 3 others v. State of Uttar Pradesh and 5 others) in which on 16.05.2025, the following orders were passed: "1. Heard Sri Rajat Aren and Sri Raj Kumar Singh, learned Advocates appearing for the petitioners as well as learned Standing Counsel for the State-respondent.

2. By means of this petition filed under Article 226 of the Constitution of India, petition has prayed for writ of mandamus to command respondent nos.4, 5 & 6 more especially the sixth respondent to make appointments on Group-D posts in medical and health services in district hospital or in the hospitals attached to the medical colleges in consonance with the guidelines as contained under the provisions of the Government Order dated 27.08.2024 clarified by a subsequent Government order dated 21.01.2025.

3. Learned counsel for the petitioners has placed reliance upon the letter dated 2 WRIA No. 15406 of 2025

09.07.2024 issued by the Mission Director, National Health Mission, U.P., Lucknow and 21.07.2024 passed by Chief Medical Officer, Bulandshahr which also refers to the preference given to those persons who have worked on contract basis or through out- sourcing during COVID-19 that had engulfed entire State of U.P. He further states that petitioner nos.1, 2 and 3 were earlier engaged on contract basis while petitioner no.4 was engaged through service provider agency. According to learned counsel for the petitioner in District Bulandshar the process of appointment is underway without calling those COVID warriors on preferential basis. In view of all these arguments earlier when the petitioners were heard on 08.04.2025 CMO Bulandshar was required to remain present to explain the position or to file personal affidavit in the matter. Since, no personal affidavit came to be filed by CMO Bulandshahr and also for his absence on the earlier date fixed i.e. 30.04.2025, he was required to remain present today in Court.

4. Dr. Sunil Kumar Dohare currently holding the post of CMO Bulandshahr is present in Court.

5. Upon a pointed query being made he has stated before the Court that all the Group- D employees on contract basis are being engaged by the CMO to be posted either in the Government Hospital or medical college. He further submits that there is no reason why the Government Order dated 27.08.2024 and 21.01.2025 would not be considered and relied upon while making appointments on contract basis. He further assures the Court that as and when appointment process is undertaken by the Chief Medical Officer in District Bulandshar as he happens to be the Chief Medical Officer, such candidates who were COVID warriors and have served the District Medical and Health Services during pandemic COVID-19, shall be given preference subject to their suitability.

6. In view of such statement given before the Court I do not see any justification to issue any further direction in the matter and I record this statement of the Chief Medical Officer Dr. Sunil Kumar Dohare as undertaking given before the Court qua preference to be given to the COVID warriors while making appointment of Group-D employees in Medical and Health Services of the District.

7. This petition thus stands disposed of recording the aforesaid undertaking given in the Court today. It is further provided that wherever vacancies are sought to be filled up or even otherwise appointments on contract basis are sought to be made, such COVID warriors shall be appointed on preferential basis subject to their suitability.

8. Personal appearance of Chief Medical Officer, Bulandshahr Sri Sunil Kumar Dohare stands dispensed with. Notice issued to him also stands discharged.

9. The exemption application stands allowed."

3. According to the writ petitioner, the case of the writ petitioner entitled to 3 WRIA No. 15406 of 2025 be consider and also extended the said benefits which has been extended in the case of Ankur Saxena and 3 others (supra).

4. Learned Standing Counsel submits that the claim of the writ petitioner needs examination at the first instance by the sixth respondent, Chief Medical Officer, Azamgarh.

5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same.

6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the self- attested copy of the writ petition before the sixth respondent who shall on the receipt of the same by 31.10.2025, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order.

7. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case.

8. With the aforesaid observation, the writ petition is disposed off. October 14, 2025 A. Prajapati (Vikas Budhwar,J.) ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad