Ram Preet And 5 Others vs State Of U.P. And Another
2022 Latest Caselaw 19574 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 18748 of 2022
 

 
Petitioner :- Ram Preet And 5 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Syed Wajid Ali
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Present petition has been filed with the following prayers:

"(i) A writ, order or direction in the nature of mandamus commanding the respondent no.2 to provide pensionery and other benefits according to old pension scheme after having counted past service rendered on the post of Seasonal Collection Peon alongwith their regular service done on the post of Collection Peon in the light of order dated 14.7.2021 passed in Special Appeal No.152/21 arising out of order dated 6.10.2020 passed in Writ-A No.35301 of 2017 filed by State of UP through Secretary, PWD and 3 others vs. Bhanu Pratap, and SLP (C) No. (s) 10381/2022 arising out of SPLA No.152/2021 dated 11.7.2022 (State of UP and others vs. Bhanu Pratap) and judgment and order passed in Writ-A No. 5817/2020 (Kaushal Kishore Chaubey and 4 others vs. State of UP and 2 others).

(ii) A writ, order or direction in the nature of mandamus commanding the respondent no.2 to pass appropriate order on the representations of the petitioners dated 19.9.2022 in pursuance of judgment and order as stated above in 1 prayer, which are pending before respondent no.2 (contained as Annexure-2) to this writ petition.

(iii) A writ, order or direction in the nature of Mandamus commanding the respondent no.2 to calculate pensionery and other retiral benefits due to the petitioner within such time as this Hon'ble court may deem fit and proper in the ends of justice.

....."

Contention of learned counsel for the petitioners is that the claim of the petitioners is to be decided in view of the law laid down by this Court as well as by the Hon'ble Apex Court.

In view of the above, the present petition is disposed off permitting the petitioners to file a fresh representation before respondent no.2. While filing the representation, the petitioners would be at liberty to place whatever judgments they want to place.

Respondent no.2 shall consider and decide the representation within three months from the date of its filing.

Order Date :- 2.12.2022

nishant