Harihar Singh vs State Of U.P. Thru. Its Secy. ...
2022 Latest Caselaw 13763 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- WRIT - A No. - 6369 of 2022
 
Petitioner :- Harihar Singh
 
Respondent :- State Of U.P. Thru. Its Secy. Medical And Health Deptt. Lko. And 2 Others
 
Counsel for Petitioner :- Arun Kumar Pandey,Keshav Ram Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.

Heard Shri Arun Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel on behalf of the opposite parties.

It has been submitted by the learned counsel for the petitioner that he was appointed in the Auto Tractors Limited, Pratapgarh (hereinafter referred to as ATL) on 26.7.1980 and continued till 20.11.1990 when on account of closure of the said Firm the services of the petitioner were retrenched. Subsequently the services of the petitioner were absorbed under CMO Jaunpur on the post of Ward Boy. The petitioner has superannuated from services on 31.12.2009.

Learned counsel for the petitioner submits that the opposite parties should have granted the same benefit to the petitioner and should have calculated his previous services rendered from 26.7.1980 to 20.11.1990 in Auto Tractor Limited, Pratapgarh for the purpose of pensionary benefit in light of the judgment dated 04.4.2012 rendered in Writ Petition No.410 (SB) of 2010 [Hridayesh Dayal Srivastava vs. State of U.P. & Others].

After arguing at some length learned counsel for the petitioner at this stage confining his prayer submits that the grievance of the petitioner shall be substantially redressed in case direction is given to opposite party no.2 to considered and decided the representation of the petitioner dated 16.11.2020 contained in Annexure - 6 expeditiously.

Learned Standing Counsel on the other hand does not object to the aforesaid prayer made by the learned counsel for the petitioner.

In view of the aforesaid submissions advanced by the learned counsel for the parties, the present petition is disposed of with the direction to opposite party no.2 to consider and decide the representation of the petitioner dated 16.11.2020 contained in Annexure ? 6 to the writ petition expeditiously, say within a period of eight weeks in accordance with law from the date a certified copy of this order is produced before him and communicate its decision to the petitioner.

Order Date :- 26.9.2022

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