Sant Kumar vs State Of U.P. Thru. Secy. Basic ...
2023 Latest Caselaw 22824 ALL

Citation : 2023 Latest Caselaw 22824 ALL
Judgement Date : 22 August, 2023

Allahabad High Court

Sant Kumar vs State Of U.P. Thru. Secy. Basic ... on 22 August, 2023

Bench: Pankaj Bhatia





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55725
 
Court No. - 8
 

 
Case :- WRIT - A No. - 6186 of 2023
 

 
Petitioner :- Sant Kumar
 
Respondent :- State Of U.P. Thru. Secy. Basic Edu. Lko And 2 Others
 
Counsel for Petitioner :- Arun Kumar,Padam Ranjan Bhatt
 
Counsel for Respondent :- C.S.C.,Abhinav Singh
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the parties and perused the material available on record.

Present petition has been filed with the following prayers:

"i) issue a writ, order or direction in the nature of mandamus commanding /directing the opposite party no. 2 to pay the petitioner pension and other post retiral dues, in accordance with law within stipulated period.

ii) issue a writ, order or direction in the nature of mandamus directing to respondent no.2 to consider and decide the representation of petitioner for payment of pension and other post retiral dues, in accordance with law. "

The issue raised in the present writ petition is squarely covered by the decision of this Court passed in the case of Ravindra Nath Taigor Versus State of U.P. through Secretary Basic Education, Civil Secretariat, Lucknow and others, decided on 28.02.2018 in Service Single No. 7762 of 2017 and affirmed by this Court in Special Appeal Defective No. 34 of 2019 (State of U.P. through Secretary Basic Education, Civil Secretariat, Lucknow and others versus Ravindra Nath Taigor).

The counsel for the respondent argues that the said decisions of this Court are the subject matter of challenge in Special Leave to Appeal (C) No. 22354 of 2019, which has been entertained by this Court and the leave has been granted.

Considering the fact that the issue has been decided by this Court in the case of Ravindra Nath Taigor Versus State of U.P. (Supra) in Service Single No. 7762 of 2017 and duly affirmed by this Court in Special Appeal Defective No. 34 of 2019, the writ petition is disposed off on the same terms and conditions. However, the judgment of the Supreme Court shall abide in between the parties.

It is made clear that the order of the Supreme Court shall apply in the case of the petitioner in case, he prefers the contempt petition.

Order Date :- 22.8.2023

Arun