Udaybhan Singh And Another vs State Of U.P. And 2 Others
2022 Latest Caselaw 721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 
Case :- WRIT - A No. - 3453 of 2022
 
Petitioner :- Udaybhan Singh And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Awadhesh Kumar Malviya
 
Counsel for Respondent :- C.S.C.,Jai Bahadur Singh,Suresh C. Dwivedi
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioners and Sri Jai Bahadur Singh, learned counsel for the contesting respondent nos. 2 & 3.

By means of this petition filed under Article 226 of the Constitution, the petitioner has prayed for following relief as substantial relief:

"i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the retiral dues along with pension tothe petitioners after counting adhoc service of petitioners within stipulated period."

It appears from the records that the petitioner has already represented the matter to the respondent no. 2.

Sri J.B. Singh, learned counsel for respondent no. 2 submits that he has no objection in the event this petition stands disposed of with a direction to the respondent no. 2 to look into and consider the grievance of the petitioner and pass appropriate order strictly in accordance with law.

In view of the above, this petition stands disposed of with a direction that respondent no. 2 shall consider the grievance of the petitioner raised in his representation and decide the same in the light of observations of Supreme Court's judgment in the case of Prem Singh v. State of U.P. (2019) 10 SCC 516, and the judgment of a coordinate bench of this Court in the case of Kaushal Kishore Chaubey and 4 Others v. State of U.P. and 2 Others (Writ-A No. 5817 of 2020) decided on 08.10.2021 and the recent judgment of this Bench in Awadhesh Kumar Dubey v. State of U.P. and 4 others in Writ - A No. 2449 of 2022 decided on 04.03.2022, however, strictly in accordance with law within a period of three months from the date of receipt of certified copy of this order.

Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one.

Order Date :- 7.4.2022/IrfanUddin