Allahabad High Court
Tejpal Singh I vs State Of U.P. And 3 Others on 1 December, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 16866 of 2022
Petitioner :- Tejpal Singh I
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Dharmendra Kumar Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and learned standing counsel for respondents.
Present petition has been filed with following relief;
"(I) issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to pay the entire retiral dues and also pay the pension to the petitioners month to month, considering his seasonal appointment of the petitioners as regular appointment for pensionary benefit as per circular dated 01.08.1967 as well as per Rule 26 of the Financial Hand Book Part-II, within stipulated period, specified by this Hon'ble Court.
(II) issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to consider the claim of the petitioners, considering the judgment dated 02.09.2019 passed by Hon'ble Apex Court in the case of Prem Singh as well as in the case of Habib Khan Vs. State of Uttarakhand and others and order dated 08.10.2021 passed by this Court in Writ A No. 5817/2020, Kaushal Kishore Chaubey and others Vs. State of U.P. and others, within stipulated period, specified by this Hon'ble Court."
Learned counsel for the petitioners submitted that for redressal of their grievance, they have filed representation before respondent no. 3- Ziladhikari/ Collector, Bijnor on 5.5.2022 & 13.5.2022, but till date, same has not been decided. He next submitted that case of the petitioners is squarely covered by the judgment of this Court in Writ A No. 5817 of 2020 (Kaushal Kishore Chaubey and 4 others Vs. State of U.P. and 2 others) decided on 08.10.2021. Lastly, he submitted that a direction may be issued to respondent no. 3 to decide the same at the earliest.
Learned standing counsel for the respondents submitted that representation filed by the petitioners is very vague not having all the facts. Therefore, they may be permitted to file fresh representation before respondent no. 3 and in case, any representation is filed, the same shall be considered and decided at the earliest in accordance with law.
Under such facts and circumstances of the case, this petition is disposed off with liberty to petitioners to file fresh and separate representations before the respondent no. 3 within two weeks from today. In case, any such representation along-with certified copy of this order is filed by the petitioner, respondent no. 3 is directed to consider and decide the same in light of judgment and order of this Court dated 08.10.2021 passed in Writ A No. 5817 of 2020, maximum within a period of eight weeks from the date of receiving of the representation.
This Court has not adjudicated the case on merits and it is upon the respondent no.3 to decide the representation of the petitioner after considering the Act, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 1.12.2022
VNP/-
