Mohd. Nashir Raza And Ors. vs State Of Up Thru. Prin. Secy. ...
2023 Latest Caselaw 13096 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - A No. - 16810 of 2018
 

 
Petitioner :- Mohd. Nashir Raza And Ors.
 
Respondent :- State Of Up Thru. Prin. Secy. General Administration And Ors.
 
Counsel for Petitioner :- Pritima Srivastava,Abhishek Mishra,Anjali Divedi,Indu Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for petitioners and learned Standing Counsel for the State.

Present writ petition is filed by petitioners with the following main relief:

"1. To issue a writ order or direction in the nature of Mandamus commanding the opposite parties to absorb the services of the petitioners being retrenched employee of census department, on a suitable job/post with all consequential benefits in the light of judgment and order dated 26.02.2013 passed in Special appeal no.110 of 2013 (State of U.P. through Principal Secretary appointment Govt. of U.P. and Another Vs. Pramod Kumar and others) and order dated 22.1.2016 passed in the writ petition no.2779 of 2016 (Mithilesh Kumar Srivastava Vs. State of U.P. and others) and order dated on 8 March 2018 passed in writ petition No. 1804 of 2015 (Narsing Vs. State of U.P. and another.) and also in the light of absorption order of three similarly situated retrenched employees of Census Operation 1991, dated 18.07.2016 and 4.2.2017 passed by District Magistrate Jaunpur and also in the light of several government orders passed by state Government, from time to time, for absorption of retrenched employees within a period specified by this Hon'ble Court."

Learned counsel for petitioners submits that grievance of petitioners would be sufficiently met in case representation of petitioners for the said purposes is considered and decided in a time bound manner.

Learned Standing Counsel has no objection to the same.

In view thereof, petitioners are permitted to make a fresh detailed representation to respondent no.3-District Magistrate/Collector, Jaunpur, raising all their grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of their claim within a period of two weeks from today along with a certified copy of this order.

In case such a representation is moved by petitioners, respondent no.3 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date, a certified copy of this order along with representation is placed before him.

It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

With the aforesaid directions, present writ petition is disposed of.

[Vivek Chaudhary,J.]

Order Date :- 27.4.2023

Sachin