Pankaj Kumar Srivastava And Others vs State Of U.P. Thru. Prin. Secy. Housing ...
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Allahabad High Court

Pankaj Kumar Srivastava And Others vs State Of U.P. Thru. Prin. Secy. Housing ... on 31 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:42201
 
Court No. - 20
 

 
Case :- WRIT - A No. - 4433 of 2024
 

 
Petitioner :- Pankaj Kumar Srivastava And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. U.P. Lko. And 3 Others
 
Counsel for Petitioner :- Farooqahmad
 
Counsel for Respondent :- C.S.C.,Ratnesh Chandra
 

 
Hon'ble Shree Prakash Singh,J.
 

Sri Anagh Shukla, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 to 4 and the same is taken on record.

Heard learned counsel for the petitioners, Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State and Sri Anagh Shukla, learned counsel for the opposite parties no. 2 to 4.

Instant writ petition has been filed seeking the following reliefs :-

"1. Issue a writ of mandamus commanding the opp. parties to grant pension, gratuity and other pensionary benefits after computing the past services rendered with effect from 19.08.1992 the date on which this Hon'ble Court allowed the Writ Petition No. 6384 of 1989 (S/S) forthwith.

II. Issue a writ of mandamus commanding the opp. parties to release arrears of pay as has been granted to Shri Vijay Kumar Srivastava who was also one of the petitioner in the writ petition No. 6384 of 1989 (S/S) along with the interest @ 12% per annum on the arrears from due date to the date of actual payment

III. Any other writ, order or direction which this Hon'ble Court deems fit in the circumstances of the case may also be passed.

IV. Allow the Writ Petition with cost."

Learned counsel appearing for the petitioner submits that issue in question has already been settled by this court vide Judgment and Order dated 11-05-2023 passed in Writ A No. 3116 of 2023(Om Prakash Srivastava Vs.State of U.P. and Others) and the petitioners are seeking the same relief.

After the aforesaid, learned counsel for the petitioners submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to permit the petitioners to file a fresh representation before the opposite party no. 2 and the opposite party no. 2 may be directed to consider and decide the same within stipulated period of time as may be fixed by this court.

Learned counsels appearing for the opposite parties have no objection to the contention aforesaid.

In view of the above and without entering into the merits of the case, the petitioners are given liberty to move a fresh representation before the opposite party no. 2 while raising their claim within 15 days from today, and if such representation is moved, the opposite party no. 2 is hereby directed to consider and decide the same within further period of six weeks in the light of the Judgment and Order dated 11-05-2023 passed in Writ A No. 3116 of 2023.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 31.5.2024

AKS