Harinath Mishra And 7 Others vs State Of U.P. And Another
2022 Latest Caselaw 12372 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 14070 of 2022
 

 
Petitioner :- Harinath Mishra And 7 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Syed Wajid Ali
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioners and learned standing counsel for the respondents.

Present petition has been filed with the following prayer:-

"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to compute pensionary payable and other retiral/terminal benefits payable to the petitioner after taking into account their entire serviced including the services render by them as seasonal collection amin and pay the same to the petitioner, in view of the judgment reported in ADJ 2021 Vol. 10 page 628 (Kaushal Kishore Chaubey and 4 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 representations of the petitioners dated 5.3.2022."

Learned counsel for the petitioner submitted that for redressal of their grievances, they have filed several representations before the respondent No. 2, but till date same has not been decided. He next submitted that a suitable direction may be issued to respondent No. 2 to decide the representations of the petitioners within stipulated period.

Learned standing counsel has pointed out that no such representations are filed by the petitioners and further submitted that for redressal of grievance of petitioner, they may submit fresh representations before the respondent no. 2. In case any such representation is filed, the same shall be considered and decided at the earliest.

Considering the facts and circumstances of the case, the present petition is disposed of with liberty to petitioners to file fresh and separate representations before the respondent no.2 within two weeks from today. In case any such representation is filed before the respondent no.2, he shall consider and decide the same within a period of six weeks from the date of production of certified copy of this order.

It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 2 to decide the representation of the petitioners after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.

Order Date :- 9.9.2022

Junaid