Disposed

Shama Faseeh v. State of U.P. and 3 Others

Allahabad HC2 Feb 2023WRIA/21240/2022

Case brief

AI extract

What is this about?

In this writ petition, the court directed the opposite parties to consider and decide the petitioner's pending representation regarding payment of dues and promotion case within eight weeks, considering the effect of earlier orders and maintaining that the court did not examine the case on merits.

What did the court decide?

Direction to consider pending representation regarding dues and promotion within eight weeks, considering legal provisions and earlier orders.

Shama Faseeh Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 21240 of 2022

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Petitioner :- Shama Faseeh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Narayan Rai,Shariq Shamim Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard Sri Prem Narayan, learned counsel for the petitioner as well as Sri Vikas Srivastava, learned Standing Counsel for the State-respondents.

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By means of the instant petition, the petitioner seeks a direction in the nature of mandamus commanding the opposite parties to consider and decide the pending representation of the petitioner regarding the payment of dues as well as her case for promotion.

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It is urged that the petitioner has already raised the issue before the Authority by means of representation dated 08.08.2022, a copy of which has been brought on record as Annexure No. 7 and ends of justice can be met by directing the Authorities concerned to decide the same within a time frame to be fixed by this Court.

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The learned Standing Counsel submits that the petitioner had earlier made a similar represention which was considered and rejected by means of order dated 20.08.2015.

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It is urged that the same was not challenged by the petitioner and now no fresh cause of action can be granted to the petitioner after seeking a direction to decide the representation.

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The learned counsel for the petitioner on the other hand submits that he had assailed the said order in Writ-A No. 5102 of 2022 (Shama Faseeh Vs. State of U.P. and others) whereby the petitioner had withdrawn the said petition with liberty to lay his objections before the appropriate Authority, a copy of the said order has been placed on record as Annexure no. 6.

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Having considered the aforesaid, the prayer made by the petitioner for deciding the representation is concerned and as to what would be the effect of the earlier order dated 20.08.2015 is to be considered by the Authority. Needless to say that if the contention of the learned counsel for the petitioner is to be believed then the said order of 2015 came to be assailed in the

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year 2022. Perhaps, from the perusal of the order passed by this Court dated 25.04.2022, the writ petition was withdrawn in the wisdom of the petitioner to lay the claim before the appropriate Authority.

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In the aforesaid backdrop, what would be the effect of the earlier order may also be considered by the Authority, accordingly, with the aforesaid observations, the petition is disposed of with a direction that the pending representation be considered in light of the legal provisions also considering whether the representation would be maintainable in light of the earlier orders passed. A decision be taken within a period of eight weeks from the date, a certified copy of this order is placed before the Authority concerned.

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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 is disposed of.

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Order Date :- 2.2.2023 Asheesh

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

Shama Faseeh v. State of U.P. and 3 Others

Case brief

What is this about?

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Shama Faseeh v. State of U.P. and 3 Others

Case brief

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