Allahabad High Court
Surendra Kumar Mishra And Another vs State Of U.P. Thru. Addl. Chief Secy. ... on 22 November, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:77336
Court No. - 6
Case :- WRIT - A No. - 11011 of 2024
Petitioner :- Surendra Kumar Mishra And Another
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Irrigation Deptt. Govt. Lko. And 2 Others
Counsel for Petitioner :- Subhas Chandra Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Subhas Chandra Pandey, learned counsel for the petitioners and learned Standing Counsel for the opposite parties.
2. By means of this petition the petitioner has prayed following relief :
"i) Issue a writ, order or direction in the nature of Mandamus commanding / directing the opposite parties to allow the old pension benefits to the petitioners by considering/counting their long services rendered in the department before regulariation on the post of Tube-well Operator w.e.f. the date of their initial appointment,
ii) Issue a writ, order or direction in the nature of Mandamus commanding / directing the opposite parties to consider the case of petitioner for pensionary benefits by providing the benefit of the Judgment and order dated 2-9-2019, passed in Civil Appeal no. 6798 of 2019, Prem Singh vs State of UP & Others, by Hon'ble Supreme Court.
iii) Issue a writ, order or direction in the nature of Mandamus commanding / directing the opposite party no 2, to consider and decide the representation of the petitioner."
3. Learned counsel for the petitioner has submitted that ends of justice would suffice if he is allowed to move a fresh representation before the opposite party no. 2 and the same may be directed to be disposed of with speaking and reasoned order within stipulated time.
4. With the consent of parties the writ petition is disposed of finally at the admission stage.
5. Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 10 days before the opposite party no. 2 i.e. Engineer-in-chief, Irrigation Department, U.P. Sinchai Bhawan, Cantt. Road, Lucknow enclosing his earlier representations along with all relevant documents. If such a representation is moved the competent authority concerned is directed to dispose of the representation of the petitioner with speaking and reasoned order, strictly in accordance with law expeditiously, say within a period of six weeks from the date of production of the certified copy of this order.
6. The competent authority shall communicate the decision on the representation to the petitioner forthwith.
7. Writ petition is finally disposed of.
(Alok Mathur, J.)
Order Date :- 22.11.2024
Ravi/
