Citation : 2023 Latest Caselaw 14275 ALL
Judgement Date : 5 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 6347 of 2023 Petitioner :- Raja Dholan Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushkar Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Pushkar Kushwaha, learned counsel for the petitioners and learned Standing Counsel.
2. The present writ petition is filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to add their services rendered by his as Seasonal Collection Amin and also to provide pensionary benefits and other retirement benefits to the petitioners within specific period as fixed by this Hon'ble Court..
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider and decide the representation dated 21.10.2022 for add their services rendered by him as Seasonal Collection Amin and also to provide pensionary benefits and other retirement benefits to the petitioners."
3. It is submitted by learned counsel for the petitioners that the petitioners have retired from the post of Collection Amin and their pensionary benefits including the services of Seasonal Collection Amin have not been considered in the light of the 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 (Kaushal Kishore Chaubey & 4 others Vs. State of U.P. & others).
4. Learned counsel for the petitioners submits that the petitioners have filed a representation dated 21.10.2022 in this respect, however, till date, no order has been passed.
5. Learned Standing Counsel submits that the pensionary benefits are required to be decided in accordance with Uttar Pradesh Qualifying Service For Pension and Validation Act, 2021. He further submits that the claim of the petitioners shall be decided in accordance with law in a time bound manner.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the petitioners shall file a fresh representation before respondent no.2 within a period of 15 days from today and the same shall be decided by respondent no.2 in accordance with law within a period of two months thereafter.
7. The instant petitioner stands disposed of accordingly.
Order Date :- 5.5.2023
Vivek Kr.
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