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SARAL SRIVASTAVA
Rajesh Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saral Srivastava, J.
Heard Sri R. C. Singh, learned Senior Counsel assisted by Sri N. D. Shukla, learned counsel for the petitioner and Sri R. S. Umrao, learned Standing Counsel for the State-respondents.
2. The petitioner by means of present writ petition has assailed the order dated 25.10.2019 passed by Principal Secretary, Department of Labour- respondent No.1 rejecting the representation for grant of benefit of Special Assured Career Progression (for short 'S.A.C.P.') Scheme which has been made applicable for the doctors of Provincial Medical Health Service (hereinafter referred to 'P.M.H.S.'). Further direction has been sought to the respondent to extend the benefit of S.A.C.P. to the doctors of Employees State Insurance Scheme, Labour Medical Service U.P. in terms of Government Order dated 26.02.2015 from the date it has been made applicable to the doctors of P.M.H.S. i.e. w.e.f. December, 2008.
3. The petitioner is a doctor working under the Employees State Insurance Scheme, Labour Medical Services U.P. The Employees State Insurance Corporation (hereinafter referred to 'E.S.I.C.') has been established under section 3 of the Employees State Insurance Act, 1948 (referr
The denial of S.A.C.P. benefits to doctors under the Employees State Insurance Scheme violated Article 14 of the Constitution, as they perform the same duties as their counterparts in the Provincial ....
The classification of AYUSH doctors and doctors under Central Health Service in different categories is discriminatory and unreasonable since doctors under both segments are performing the same funct....
Point of Law : A mere direction of Supreme Court without laying down any principle of law is not a precedent - It is only where Supreme Court lays down a principle of law that it will amount to a pre....
Once it is found that differentiation is based on reasonable classification, decision cannot be held to be violative of principles of equality enshrined under Articles 14 and 16 of Constitution of In....
The Dynamic Assured Career Progression Scheme must consider prior service for promotion, and the promotion date should reflect actual service milestones rather than the scheme's effective date.
The DACP Scheme's prospective application allows consideration of prior service for promotion benefits, correcting the promotion date based on actual service.
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