Citation : 2023 Latest Caselaw 1246 ALL
Judgement Date : 11 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 525 of 2023 Petitioner :- Umesgh Chandra Goswami And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi,Chaitanya Gaurang Tripathi Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned standing counsel for State-respondents.
Present petition has been filed seeking following relief:-
"i). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondent no. 1 to grant the age relaxation to the petitioner in pursuance of the letter No. 88/Sangrah-ACR-1-2020 dated 31.01.2021 sent by the respondent No. 3 to the respondent No. 1, considering the Rule 3 of the Age Relaxation Rules, 1992 as well as Government order dated 30.05.2008 and judgment passed by this Hon'ble Court in case of Deoki Nandan and others vs. State of U.P. and others Writ-A No. 54923/2017 decided on 28.05.2018.
ii). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondent no. 3 to give the notional seniority to the petitioner since 01.01.2021 whereby the juniors than the petitioners have been given joining also pay the arrears of salary and current salary month to month."
Learned counsel for the petitioners submitted that for redressal of their grievance, petitioners may be permitted to file representation before respondent No. 1. Lastly, it is submitted that a direction may be issued to respondent No. 1 to decide the representation within a stipulated time.
Learned standing counsel submitted that in case any such representation is filed, the same shall be considered and decided at the earliest.
In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioners to move fresh separate representation along with certified copy of this order before respondent No. 1 within three weeks from today. In case any such representation is filed, respondent No. 1 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter.
It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No.1 to pass order after considering the relevant Rules as well as facts of the case.
Order Date :- 11.1.2023
Sartaj
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