Smt. Rashmi Kashyap vs State Of U.P. And 4 Others
2022 Latest Caselaw 1622 ALL

Citation : 2022 Latest Caselaw 1622 ALL
Judgement Date : 27 April, 2022

Allahabad High Court

Smt. Rashmi Kashyap vs State Of U.P. And 4 Others on 27 April, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 6203 of 2022
 
Petitioner :- Smt. Rashmi Kashyap
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is seeking following relief :-

"i) Issue a writ, order or direction in the nature of certiorari quash the impugned order dated 09.08.2021, 06.11.2021 & 24.12.2021 passed by respondent no.3 (Annexure 8, 9, &9A).

ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to return the Rs.11,201/- which has been deducted in pursuance of the impugned orders dated 06.11.2021 & 24.12.2021 (Annexure 9&9A) passed by respondent no.3.

iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the pension, gratuity and other post retiral dues along with arrears by counting the service rendered by petitioner's husband, as on ad-hoc basis (i.e. 15.07.1986 up to 30.10.2001)."

Shri R.P. Mishra, learned counsel for petitioner submits that this writ petition be disposed of in terms of order passed by this Court in Writ A No.27870 of 2018 (Dr. Ram Pratap vs. State of U.P. and 3 others), decided on 18.4.2022.

Shri G.N. Srivastava, learned Standing Counsel submits that he has no objection if such prayer is allowed. However, while considering the grievance of petitioner, respondents shall take note of U.P. Act No.1 of 2021 as well as judgment passed by the Division Bench of this Court in State of U.P. and 2 others vs. Ram Bahadur Pastor (Special Appeal No.21 of 2022), decided on 27.1.2022.

In view of above, this writ petition stands disposed of with the direction that respondents' authorities may consider the representation of petitioner in the light of Dr. Ram Pratap (Supra), in accordance with law and while considering the representation, they shall take note of U.P. Act No.1 of 2021 as well as the judgment passed by the Division Bench of this Court in Ram Bahadur Pastor (Supra).

Order Date :- 27.4.2022

Rishabh

[Saurabh Shyam Shamshery, J.]