Shivram And 6 Others vs State Of U.P. And Another
2023 Latest Caselaw 1490 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - A No. - 584 of 2023
 
Petitioner :- Shivram And 6 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 State-respondents.

Present petition has been filed seeking following relief:-

"a). Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to compute pensionary and other retiral/terminal benefits payable to the petitioners after taking into account their entire services including the services rendered by them as seasonal collection Amin and pay the same to the petitioners, according to old pension scheme, in the light of judgment passed in Special Appeal No. 152 of 2021(State of U.P. Vs. Bhanu Pratap), as well as judgment reported in ADJ 2021 Vol. 10 page 628 (Kaushal Kishore Chaubey & 4 others Vs. State of U.P. & Others), within such time which this Hon'ble Court may deem fit and proper in the circumstances of the case."

Learned counsel for the petitioners submitted that for redressal of their grievance, petitioners have filed separate representations before respondent No. 2, but no decision has been taken till date. Lastly, it is submitted that a direction may be issued to respondent No. 2 to decide the representations within a stipulated time.

Learned standing counsel submitted that petitioners may be directed to file fresh separate representations before respondent No. 2. He further submitted that in case such representations are 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 representations along with certified copy of this order before respondent No. 2 within two weeks from today. In case such representations are filed, respondent No. 2 is directed to decide the same in accordance with law maximum within a period of three months thereafter.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 13.1.2023

ADY