Citation : 2023 Latest Caselaw 6709 ALL
Judgement Date : 1 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 4015 of 2023 Petitioner :- Ram Chandra Pal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sheel Sharma Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for State- respondents.
Present petition has been filed seeking following reliefs:-
"A). Issue a writ order or direction in nature of mandamus directing and commanding the respondents to treat the petitioners a Government Servant and pay arrears of salary and all service benefits and post retiral dues including pension etc. from Government treasury from his initial date of appointment.
B). Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to decide the case of petitioners in terms of judgment and order dated 25.11.2008 passed in Civil Misc. Writ Petition No. 7326(S/S) of 2004 (Chandra Prakash Pandey and Others Vs. State of U.P. and Others), which has been affirmed by Hon'ble Supreme Court vide order dated 10.01.2017 in Civil Appeal No. 312 of 2017 (State of U.P. Vs. Chandra Prakash Pandey etc)."
Learned standing counsel submitted that petitioners may be directed to file fresh representation before respondent No. 2. He further 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 representation along with certified copy of this order before respondent No. 2 within two weeks from today. In case any such representation is 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 :- 1.3.2023/Vikram
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