Disposed

Head Constable Retired Omkar Singh v. State of U.P. and 5 Others

Allahabad HC6 Feb 2023WRIA/1419/2023

Case brief

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What is this about?

The petitioner, a retired Head Constable, sought a writ directing the State re-fix his pension based on a higher pay scale and to decide his pending representation on time. The Court did not examine merits but directed the Superintendent of Police to decide the representation within six weeks via a reasoned order.

What did the court decide?

Directed Respondent No. 6 to decide the petitioner's pending representation on re-fixation of pension within six weeks via a reasoned order.

Head Constable Retired Omkar Singh Vs… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 1419 of 2023

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Petitioner :- Head Constable Retired Omkar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohammad Umar Khan Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner as well as the learned Additional Chief Standing Counsel for the State-respondents.

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By means of the present petition, the prays for the following reliefs which reads as under:-

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"(a) a writ, order or direction in the nature of mandamus commanding/directing to the respondents to re-fix the monthly pension of the petitioner on the basis of Basic Pay Scale Rs. 85,000/- per month, at the time of retirement, in place of Basic Pay Scale Rs. 70,000/-, within short stipulated period which the Hon'ble Court may deem fit and proper under the facts and circumstances of the case and pay the monthly pension to the petitioner forthwith on the basis of Pay Scale Rs. 85,000/- per month in place of Basic Pay Rs. 70,000/- per month.

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(b) a writ, order or direction in the nature of mandamus directing/commanding to the respondent no. 06 i.e. Superintendent of Police, Hapur, District Hapur to decide the representation dated 30.09.2022 of the petitioner within stipulated time."

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The submission of learned counsel for the petitioner is that the issue in question relates to re-fixation of the monthly pension of the petitioner. The petitioner has also escalated the matter before the Competent Authority by moving a representation, a copy of which has been brought on record as Annexure No. 2.

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It is urged that, though, the said representation is pending since September, 2022, yet no decision has been taken thereon.

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Considering the prayer made as well as the issue and the entitlement of the petitioner which is a subject matter to be considered and decided by the Authority, accordingly, this Court in the aforesaid circumstances does not deem appropriate to call for the counter affidavit or instructions rather in the opinion that ends of justice can be met by directing the respondent no. 6 to consider and take a decision on the pending representation of the petitioner strictly in accordance with applicable rules and law preferrably within a period of six weeks from the date, a certified copy of this order is placed before it by a reasoned and speaking order and shall intimate

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the same to the petitioner.

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It is made clear that the Court has not examined the case of the petitioner on merits and the Authority concerned shall decide the same strictly in accordance with law.

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With the aforesaid, the petition stands disposed of.

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Order Date :- 6.2.2023 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad

Head Constable Retired Omkar Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Head Constable Retired Omkar Singh v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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