Disposed

Sushil Kumar Mishra v. State of U.P. and 2 Others

Allahabad HC7 Sept 2022WRIA/12905/2022

Case brief

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What is this about?

In a writ petition seeking regularisation of services, pay fixation, and consequential benefits for the litigation period, the court disposed of the petition by granting liberty to the petitioner to file a fresh representation, with the respondent directed to decide it within eight weeks.

What did the court decide?

Liberty granted to move a fresh representation; respondent directed to consider and decide within eight weeks.

Sushil Kumar Mishra Vs State of U.P. and 2… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 32

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Case :- WRIT - A No. - 12905 of 2022

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Petitioner :- Sushil Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.K. Singh Vashisht Counsel for Respondent :- C.S.C.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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By means of this writ petition, the petitioner has prayed for a direction to respondent No.3 to make pay fixation, regularisation of his services of the litigation period (2011 to 2019) and to give increments, consideration for promotion and pay his arrear and other consequential benefits when it become due.

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Learned counsel for the petitioner submits that due to registration of criminal case No.1247 of 2011 under sections 3/5/8 of The Prevention of Cruelty to Animal Act, 1960, the petitioner was placed under suspension and departmental enquiry was initiated. Ultimately, he was terminated by the respondent No.3 after completion of departmental enquiry. Appeal and revision filed by the petitioner against the order of termination dated 23.5.2013 were dismissed. However, the State Public Services Tribunal has allowed claim petition No.1035 of 2014 vide order dated 4.7.2018.

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Against the order dated 4.7.2018, the respondent State filed a writ Petition No.6880 of 2019 State of U.P. and others versus U.P. State Public Services Tribunal, Lucknow before this Court at Lucknow. The writ petition has been dismissed by this Court at Lucknow vide order dated

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17.10.2019. In the meantime, learned Chief Metropolitan Magistrate, Kanpur Nagar has passed an order of acquittal dated 23.3.2017 in the pending pending criminal case.

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In the light of the above, the petitioner's counsel submits that a writ of mandamus be issued to respondent No.3 to make pay fixation and regularise the services of the petitioner of the litigation period.

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Learned counsel for the petitioner submits that it will be suffice if the pending representation of the petitioner is decided by competent authority, to which learned Standing Counsel has no objection.

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In view of the above, the petition is finally disposed of with liberty to the petitioner to move a fresh representation to respondent No.3 Senior Superintendent of Police, Kanpur Nagar within three weeks from today. In case such a representation is submitted within the aforesaid stipulated time, respondent No.3 shall consider and decide it in accordance with law, by passing a reasoned and speaking order expeditiously and preferably within the next eight weeks.

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Order Date :- 7.9.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.07 13:30:35 IST Reason: Location: High Court of Judicature at Allahabad

Sushil Kumar Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sushil Kumar Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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