Rajendra Prasad Vs State of U.P. Thru. Addl. Chief Secy. Medical Health and Family Welfare Lko. and 4 Others — Allahabad HC (2024) — LawSathi Research

Rajendra Prasad Vs State of U.P. Thru. Addl. Chief Secy. Medical Health and Family Welfare Lko. and 4 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to prefer a fresh representation to opposite party No.3 (Joint Director, Pension, Lucknow Division, Lucknow) within 10 days; the authority to consider and dispose of it by a speaking and reasoned order in accordance with law after affording an opportunity of hearing if required, preferably within six weeks of receipt of the certified copy, and intimate the decision forthwith.

Issue for consideration

Whether the petitioner is entitled to a writ of mandamus commanding opposite party No.3 to provide permanent pension and other retirement dues. +1 more

Ratio / Principle

Without entering into the merits of the issue, the Court disposed of the petition finally at the admission stage, giving the petitioner liberty to prefer a fresh representation to opposite party No.3 (Joint Director, Pension, Lucknow Division, Lucknow), ventilating all available pleas and grounds and enclosing copies of earlier representations, within a period of 10 days.

Key takeaways

If the fresh representation is preferred within the stipulated time, the authority concerned shall consider and dispose of it strictly by a speaking and reasoned order in accordance with law, after affording an opportunity of hearing to the petitioner if required, with expedition preferably within six weeks from receipt of the certified copy of the order, and shall intimate the decision to the petitioner forthwith.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Writ - A No. 7019 of 2024, Rajesh Singh Chauhan, J.; order dated 29.8.2024; Neutral Citation 2024:AHC-LKO:58846): Rajendra Prasad sought a mandamus commanding opposite party No.3 to provide permanent pension and other retirement dues. Learned counsel stated that the petitioner's pending representation had not been decided and sought liberty to file a fresh representation. The State (through learned C.S.C.-II) raised no objection. Without entering into the merits, the Court disposed of the petition finally at the admission stage, permitting the petitioner to prefer a fresh representation to the Joint Director, Pension, Lucknow Division, Lucknow within 10 days, enclosing all pleas, grounds and copies of earlier representations; the authority is to decide it strictly by a speaking and reasoned order in accordance with law, affording a hearing if required, preferably within six weeks of receipt of the certified copy, and to intimate the decision forthwith. No finding was recorded on the entitlement to pension; no statute or precedent was cited.

Neutral Citation No. - 2024:AHC-LKO:58846

Court No. - 4

Case :- WRIT - A No. - 7019 of 2024

Petitioner :- Rajendra Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Umesh Chandra Tripathi,Mukesh Kumar Mishra,Rajan Mishra Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Shri U.C. Tripathi, learned counsel for the petitioner and Ms. Deepshikha, learned C.S.C.-II for the Staterespondents.

By means of this writ petition, the petitioner has prayed for the following relief:-

"i) To issue a writ, order, or direction in the nature of Mandamus, commanding the opposite party No.3 to provide permanent pension as well as other retirement dues to the petitioner."

Learned counsel for the petitioner has submitted that the pending representation of the petitioner has not been decided, therefore, the petitioner may be given liberty to prefer a fresh representation and a direction may be issued to consider and decide the same with expedition.

Learned C.S.C.-II has no objection if direction for disposal of the said representation is issued.

Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.3 i.e., Joint Director, Pension, Lucknow Division, Lucknow ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of 10 days from today and if such representation

is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of six weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith.

Order Date :- 29.8.2024 Shravan

[Rajesh Singh Chauhan,J.]

Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench