Disposed

Ram Kishun Ram and 6 Others v. State of U.P. and 8 Others

Allahabad HC24 Aug 2023WRIA/13541/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by retired Assistant Teachers seeking directives to decide pending claims for salary and promotional pay scale. The Court dispensed with notice to certain respondents and issued a stay, directing the Director to decide representations within two months if filed within ten days.

What did the court decide?

Petitioners directed to file a fresh representation within ten days; Respondent No. 2 directed to consider and decide it within two months by passing a reasoned order.

Ram Kishun Ram and 6 Others Vs State of… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:170920

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Court No. - 36

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Case :- WRIT - A No. - 13541 of 2023

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Petitioner :- Ram Kishun Ram And 6 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C.

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Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the Respondents No. 1 to 4.

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In view of the proposed order notice to Respondents No. 5 to 9 is dispensed with.

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Learned counsel appearing for the petitioners has submitted that Petitioners No. 1, 2, 5, 6 & 7 after attaining the age of superannuation have already retired from the posts of Assistant Teacher in their respective institutions mentioned in the writ petition.

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Learned counsel appearing for the petitioner has further submitted that husband of the Petitioner No. 3 while working on the post of Assistant Teacher died on 26.04.2017. Petitioners in their writ petition have pleaded that though entitlement of payment of salary in the selection grade and in the promotional pay scale is available to them in terms of Government Order dated 28.02.2013 but their cases, till date have not been considered.

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Learned counsel appearing for the petitioners has invited attention of this court towards the fact that the petitioners have already submitted their representation on 22.05.2023 to Director, Department of Social Welfare, U.P., Lucknow but till date said representation has not been decided.

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Learned counsel appearing for the petitioner has confined his prayer only to the extent that a direction may be issued by this court commanding Director, Department of Social Welfare, U.P., Lucknow to consider and decide the petitioners' representation within a fixed time frame.

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On the other hand, learned Standing Counsel though has pointed out certain deficiencies in the pleadings made in the

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writ petition but after arguing at some length has very fairly submitted that if a decision in the matter is taken by the Director, Department of Social Welfare, U.P., Lucknow, then the ends of justice would be served.

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In view of the aforesaid submissions advanced by the learned counsels appearing for the parties, without entering into the merits of the claim, raised by the petitioners, this writ petition is finally disposed of with liberty to petitioners to file a fresh representation before Director, Department of Social Welfare, U.P., Lucknow, within a period of ten days from today and if the said representation is filed, Respondent No. 2 is directed to consider and decide the representation by passing speaking and reasoned order, within a period of two months thereafter.

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Order Date :- 24.8.2023 Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Ram Kishun Ram and 6 Others v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

Ram Kishun Ram and 6 Others v. State of U.P. and 8 Others

Case brief

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What did the court decide?

What the court decided

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