Kushal Pal Sharma vs State Of U P And Another
2022 Latest Caselaw 19584 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 17296 of 2022
 

 
Petitioner :- Kushal Pal Sharma
 
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) issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to compute pensionary and other retiral/ terminal benefits payable to the petitioners after taking into account their entire services including the services rendered by them as seasonal collection Amin and pay the same to the petitioners according to old Pension Scheme and in view of the judgment reported in ADJ 2021 Vol.10 page 628 (Kaushal Kishore Chaubey & 4 others Vs. State of U.P & others) within such time which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(ii) a writ, order or direction in the nature of mandamus commanding the respondent concerned to pass appropriate orders upon the representation of the petitioner dt 28.8.2020 (Annexure No.4).

....."

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