Upendra Kumar Sharma vs State Of U.P. And Another
2023 Latest Caselaw 870 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - A No. - 345 of 2023
 
Petitioner :- Upendra Kumar Sharma
 
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 petitioner and learned standing counsel for respondents.

Present petition has been filed seeking following relief:-

"i). 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 petitioner after taking into account his entire services including the services rendered by him as seasonal collection Peon and pay the same to the petitioner, 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).

ii). issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to pass appropriate orders upon the representation of the petitioner dated 20.10.2022 within some reasonable time, which this Hon'ble Court may deem fit and proper in the circumstances of the case."

Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner has filed representation dated 20.10.2022 before District Magistrate, Bulandshahar- respondent No. 2, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent No. 2 to decide the aforesaid representation within a stipulated time, for which learned standing counsel has no objection.

In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 2 to decide the representation of the petitioner dated 20.10.2022 in accordance with law maximum within period of two months from the date of submission of certified copy of this order. Petitioner is directed to annex photocopy of representation dated 20.10.2022 alngwith certified copy of this order.

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 :- 9.1.2023

Arvind