Disposed

Balram @ Balram Shakyawar v. State of U.P. Thru. Prin. Secy. Revenue Distt. Lko. and 3 Others

Allahabad HC23 Jun 2023/4694/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, through the Lucknow Bench, disposed of a writ petition seeking a direction regarding the petitioner's notional promotion as a Revenue Inspector. The court directed the Aayukt/Sachiv to decide on the reference letter within four weeks.

What did the court decide?

Direction to the Aayukt/Sachiv of the Board of Revenue, U.P., to decide on the reference letter regarding notional promotion within four weeks with reasons.

Balram @ Balram Shakyawar Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:41614

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Court No. - 3

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Case :- WRIT - A No. - 4694 of 2023

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Petitioner :- Balram @ Balram Shakyawar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Distt. Lko. And 3 Others Counsel for Petitioner :- Pt. S. Chandra Counsel for Respondent :- C.S.C.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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

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The instant petition has been filed for the following relief:

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"I. Issue a Writ, Order or Direction in the nature of the Mandamus thereby commanding and directing to the concerned opposite party no. 2 i.e. the Aayukt / Sachiv of the Board of Revenue Uttar Pradesh at Lucknow to take decision on the reference letter dated 07-10-2022 of District Magistrate Lalitpur regarding the notional promotion of the petitioner on the post of the Revenue Inspector of the Revenue Department.

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II. Issue a Writ, Order or Direction in the nature of the Mandamus thereby commanding and directing to the concerned opposite parties to consider and promote to the petitioner on the post of the Revenue Inspector since the date of his completing the training of the Revenue Inspector or at least since 01-03-2011 when his junior Sri Awadh Kishore was promoted on the post of the Revenue Inspector and consequently pay the difference of the arrears of salary and pension of the petitioner for the post of the Revenue Inspector along with appropriate interests in the interests of justice.

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III. Issue a Writ Order or Direction in the nature of the Mandamus thereby commanding and directing to the concerned opposite parties to revise the pension of the petitioner in the pay scale of the post of the Revenue Inspector since the date of his retirement on 01-04-2014 after making proper fixation of his salary as the Revenue Inspector with effect from 0103-2011."

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Learned counsel for the petitioner has confined his prayer for issuance of a direction to the opposite party no. 2 i.e. Aayukt / Sachiv of the Board of Revenue, U.P., Lucknow to take a decision on the reference letter dated 07-10-2022 of the District Magistrate, Lalitpur regarding notional promotion of the petitioner on the post of the Revenue Inspector within a stipulated period.

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Learned Standing Counsel while opposing the writ petition has submitted that he has no objection, if a direction is issued

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for deciding the reference letter dated 07-10-2022 of the District Magistrate, Lalitpur with regard to notional promotion.

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Considering the submissions of learned counsel for the parties and without entering into the merits of the case, the writ petition is finally disposed of with a direction to the opposite party no. 2 i.e. Aayukt / Sachiv of the Board of Revenue, U.P., Lucknow to take a decision on the reference letter dated 07-102022 of the District Magistrate, Lalitpur regarding notional promotion of the petitioner on the post of the Revenue Inspector in the Revenue Department, within four weeks from today, by passing a reasoned and speaking order, in accordance with law.

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Order Date :- 23.6.2023 M. Tarik

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Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad, Lucknow Bench

Balram @ Balram Shakyawar v. State of U.P. Thru. Prin. Secy. Revenue Distt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Balram @ Balram Shakyawar v. State of U.P. Thru. Prin. Secy. Revenue Distt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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