Rang Nath Mishra and Another Vs State of U.P. Thru. Prin. Secy. Secondary Education Lko. and 5 Others

Neutral Citation No. - 2024:AHC-LKO:1169

Court No. - 17

Case :- WRIT - A No. - 43 of 2024

Petitioner :- Rang Nath Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And 5 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.

¶5

Hon'ble Manish Mathur,J.

¶6

Heard learned counsel for petitioners and learned Standing Counsel for opposite party nos.1 to 5.

¶7

In view of the order being passed, notice to opposite party no.6 stands dispensed with.

¶8

The petition has been filed seeking a direction to make payment of arrears/diffence of the dearness allowance to the petitioner w.e.f. January, 2010 to December, 2011 along with interest.

¶9

In the alternative direction is required to be issued for deciding representation dated 18.12.2023.

¶10

It has been submitted that although grievance of the petitioners pertains to the period January, 2010 to December, 2011, non payment of dearness allowance to the petitioners which is their right amounts to recurring cause of action due to which the petition would be maintainable and is therefore held as such.

¶11

At present learned counsel for petitioners restricts his prayer for a direction to the opposite parties to decide the representation.

¶12

Considering the innocuous prayer and without entering into the merits of the case, the opposite party no.4 or any other competent authority is directed to decide the representation dated 18.12.2023 within a period of eight weeks from the date a certified copy of this order is produced before the authority concerned. In case the petitioners are found entitled for the said relief, actual payment of the same shall also be paid within a period of eight weeks thereafter.

¶13

The petition is disposed of in the aforesaid terms.

¶14

Order Date :- 5.1.2024 Renu/-

¶15

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Rang Nath Mishra and Another v. State of U.P. Thru. Prin. Secy. Secondary Education Lko. and 5 Others

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Rang Nath Mishra and Another v. State of U.P. Thru. Prin. Secy. Secondary Education Lko. and 5 Others

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