Ram Ujagir Tiwari vs State Of U.P Thru. Prin. Secy. ...
2023 Latest Caselaw 15101 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33197
 
Court No. - 7
 

 
Case :- WRIT - A No. - 3498 of 2023
 

 
Petitioner :- Ram Ujagir Tiwari
 
Respondent :- State Of U.P Thru. Prin. Secy. Public Works Deptt., Civil Secrt. Lko. And 2 Others
 
Counsel for Petitioner :- Mahesh Chandra Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for the respondents.

With the consent of learned counsel for the parties, the writ petition is being finally disposed off.

Instant writ petition has been filed praying for the following main reliefs:-

"i. issue a writ, order or direction in the nature of mandamus directing the opposite parties to count the service of petitioner as daily wages and work charge service after count the service and given full old pensionary benefits after retirement on dated 30.09.2021 to the petitioner in the light of judgment of Prem Singh vs. State of U.P. and others, in the interest of justice.

ii. issue a writ, order or direction in the nature of mandamus commanding/directing the opposite parties concerned to decide the representation dated 02.02.2023 of the petitioner as contained in Annexure-5 to the writ petition, in the interest of justice."

Learned counsel for the petitioner after arguing at some length confines his prayer for relief no.2, which is for deciding the representation dated 02.02.2023 (Annexure-5 to the writ petition) pending before respondent no.4 which may be directed to be decided within a fixed time frame to which learned Additional Chief Standing Counsel has no objection.

In view of the above, it is provided that respondent No.4 i.e. Executive Engineer, P.W.D. Khand-3, Sultanpur, shall endevour to decide the representation of the petitioner dated 02.02.2023 (Annexure-5 to the writ petition) by means of a reasoned and speaking order within a period of six weeks from the date of receipt of a certified copy of this order.

With the aforesaid direction, writ petition is disposed off.

It is made clear that this Court has not gone into the merits of the case.

Order Date :- 12.5.2023

A. Katiyar