Ashish Kumar Upadhyay and 9 Others Vs State of Up Thru. Prin. Secy. Environment, Lko and 2 Others — Allahabad HC (2024) — LawSathi Research

Ashish Kumar Upadhyay and 9 Others Vs State of Up Thru. Prin. Secy. Environment, Lko and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners permitted to prefer fresh separate representations before opposite parties no.1 & 2 within ten days; the authorities concerned to consider and dispose of such representations by speaking and reasoned orders, strictly in accordance with law, within six weeks of receipt, and communicate the decisions to the petitioners forthwith; writ petition disposed of finally.

Issue for consideration

Whether the opposite parties are to be commanded to provide the petitioners pension and pensionary benefits from the date of retirement. +1 more

Ratio / Principle

Without entering into the merits of the issue, the Court permitted the petitioners to prefer fresh separate representations to opposite parties no.1 & 2 (Principal Secretary, Environment, Forest and Climate Change Department, Civil Secretariat, U.P., Lucknow and Chief Conservator Officer, U.P., Lucknow), taking all pleas and grounds, enclosing any earlier representation and certified copy of the order, within ten days.

Key takeaways

If such representations are preferred within the stipulated time, the authorities concerned shall consider and dispose of them by speaking and reasoned orders, strictly in accordance with law, with expedition, within six weeks of receipt, and thereafter communicate the decision to the petitioners forthwith.ratio¶13
The writ petition was disposed of finally without entering into the merits of the issue, the Court confining itself to directions for disposal of the fresh representations.ratio¶12

Detailed headnote1 paragraphs

WRIT - A No. 6430 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench; Rajesh Singh Chauhan, J.; Order Date 13.8.2024; Neutral Citation 2024:AHC-LKO:55696): Petitioners, who claim pension and pensionary benefits from the date of retirement and counting of their entire daily-wages service for pension along with consequential benefits in light of the judgment dated 20.03.2024 in Writ-A No. 5380/2023 (Mohd. Owasis Hashmi Vs. State of U.P. and others), had made representations to the competent authority which were not decided. The Court, without entering into the merits, permitted fresh separate representations to opposite parties no.1 & 2 (Principal Secretary, Environment, Forest and Climate Change Department, Civil Secretariat, U.P., Lucknow and Chief Conservator Officer, U.P., Lucknow) within ten days, and directed that the authorities consider and dispose of them by speaking and reasoned orders, strictly in accordance with law, within six weeks of receipt, communicating the decision forthwith. Writ petition disposed of finally.

Neutral Citation No. - 2024:AHC-LKO:55696

Court No. - 4

Case :- WRIT - A No. - 6430 of 2024

Petitioner :- Ashish Kumar Upadhyay And 9 Others Respondent :- State Of Up Thru. Prin. Secy. Environment, Lko And 2 Others Counsel for Petitioner :- S.P. Singh Somvanshi

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri S.P. Singh Somvanshi, learned counsel for the petitioners and Sri Sandeep Chandra, learned Standing Counsel for the State-opposite parties.

By means of this petition, the petitioner has prayed following main reliefs:-

"i) Issue a writ, order or direction in the nature of Mandamus Commanding the Opposite Parties to provide the pension as well as pensionary benefits from the date of retirement of the petitioners.

ii) Issue a writ, order or direction in the nature of Mandamus Commanding the Opposite Parties to add the entire service of petitioners which has rendered under the capacity of daily wages for the purpose of pension alongwith all consequential benefits in light of judgment and order dated 20.03.2024 passed in Writ-A No. 5380/2023 (Mohd. Owasis Hashmi Vs. State of U.P. and others."

Learned counsel for the petitioners has submitted that for redressal of the aforesaid grievance, the petitioners have preferred representation to the competent authority, but to no avail. Learned counsel for the petitioners has also submitted that the petitioners may be permitted to prefer fresh separate representations before opposite parties no.1 & 2 and this Court may direct opposite parties no.1 & 2 to pass appropriate order strictly in accordance with law.

Learned counsel for the opposite parties has no objection if direction for disposal of the representation is issued.

Therefore, without entering into merits of the issue, the petitioners are permitted to prefer fresh separate representations to opposite parties no.1 & 2 i.e. Principal Secretary, Environment, Forest and Climate Change Department, Civil Secretariat, U.P., Lucknow and Chief Conservator Officer, U.P., Lucknow respectively taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of

this order within a period of ten days from today. If such representations are preferred by the petitioners within the aforesaid stipulated time, the authorities concerned shall consider and dispose of the aforesaid representations of the petitioners by speaking and reasoned order, strictly in accordance with law, with expedition, say within a period of six weeks from the date of receipt of the representations and thereafter communicate the decision thereof to the petitioners forthwith.

With the aforesaid direction, the writ petition is disposed of finally.

[Rajesh Singh Chauhan,J.]

Order Date :- 13.8.2024 RBS/-

Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench