Hasan Abbas And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 20115 ALL

Citation : 2022 Latest Caselaw 20115 ALL
Judgement Date : 6 December, 2022

Allahabad High Court

Hasan Abbas And 2 Others vs State Of U.P. And Another on 6 December, 2022

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 19459 of 2022
 

 
Petitioner :- Hasan Abbas And 2 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) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to compute pensionery 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, in the light of judgment passed in Special Appeal No. 152 of 2021 (State of U.P. Vs. Bhanu Pratap) judgment dated 9.6.2021 passed in Special Appeal No. 97 of 2021 (State of U.P. and Others Vs. Bhanu Pratap Sharma) as well as judgment reported in ADJ 2021 Vol. 10 page 628 (Kaushal Kishore Chaubey & Others Vs. State of U.P. and Others), within such time which this Hon'ble Court may deem fit and proper in the circumstances of the case."

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent concerned to pass appropriate orders upon the representation of the petitioners dated 31.10.2022, 18.10.2022 and 1.11.2022 (Annexure No. 5)."

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 :- 6.12.2022

Shafique