Prem Kumar Kuril and Another Vs State of U.P. Thru. Its Addl. Chief Secy. Irrigation Deptt. Lko and 2 Others — Allahabad HC (2024) — LawSathi Research

Prem Kumar Kuril and Another Vs State of U.P. Thru. Its Addl. Chief Secy. Irrigation Deptt. Lko and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

With consent of parties, writ petition finally disposed of at the admission stage: petitioner permitted to move a fresh representation within 10 days before opposite party no. 2 (Engineer-in-Chief, Irrigation Department, U.P.), which is to decide it by speaking and reasoned order after hearing, in accordance with law, within six weeks of production of the certified copy, and communicate the decision forthwith.

Issue for consideration

Whether the petitioners are entitled to old pension benefits by counting their services rendered in the department before regularization on the post of Tube-well Operator, from the date of their initial appointment. +1 more

Ratio / Principle

Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 10 days before opposite party no. 2, i.e. the Engineer-in-Chief, Irrigation Department, U.P., Sinchai Bhawan, Cantt. Road, Lucknow, taking all pleas and grounds and enclosing earlier representations along with all relevant documents.

Key takeaways

If such a representation is moved, the opposite party concerned is directed to dispose of it with a speaking and reasoned order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law, expeditiously, within a period of six weeks from the date of production of the certified copy of the order.ratio¶12
The decision on the representation shall be communicated to the petitioner forthwith.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajesh Singh Chauhan, J.; Order Date 10.9.2024; Neutral Citation 2024:AHC-LKO:62548) — WRIT - A No. 7714 of 2024. Petitioners sought mandamus directing the opposite parties to allow old pension benefits by counting their services rendered in the Irrigation Department before regularization on the post of Tube-well Operator from the date of initial appointment, and to consider their case for pensionary benefits in the light of the judgment and order dated 2-9-2019 in Civil Appeal No. 6798 of 2019, Prem Singh vs State of U.P. & Others (Supreme Court). Without entering into the merits, and with the consent of parties, the Court permitted the petitioner to move a fresh representation within 10 days before opposite party no. 2, the Engineer-in-Chief, Irrigation Department, U.P., Sinchai Bhawan, Cantt. Road, Lucknow, enclosing earlier representations and all relevant documents; the said authority was directed to dispose of the representation with a speaking and reasoned order after affording an opportunity of hearing, strictly in accordance with law, expeditiously, within six weeks of production of the certified copy of the order, and to communicate the decision forthwith. Writ petition finally disposed of at the admission stage.

Neutral Citation No. - 2024:AHC-LKO:62548

Court No. - 4

Case :- WRIT - A No. - 7714 of 2024

Petitioner :- Prem Kumar Kuril And Another Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Irrigation Deptt. Lko And 2 Others Counsel for Petitioner :- Subhas Chandra Pandey Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Subhash Chandra Pandey, learned counsel for the petitioners and Sri Tushar Verma, learned Addl. C.S.C. for the State.

By means of this petition the petitioner has prayed following relief :

"i ) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to allow the old pension benefits to the petitioners by considering/counting their long services, rendered in the department before regularization on the post of Tube-well Operator w.e.f. the date of their initial appointment.

ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to consider the case of petitioner for pensionary benefits by providing the benefit of the judgment and order dated 2-9-2019, passed in Civil Appeal no-6798 of 2019,Prem Singh vs State of U.P. & Others, by Hon'ble Supreme Court."

Learned counsel for the petitioner has submitted that ends of justice would suffice if he is allowed to move a fresh representation before the opposite party no. 2 and the same may be directed to dispose it of with speaking and reasoned order within stipulated time.

With the consent of parties the writ petition is disposed of finally at the admission stage.

Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 10 days before the opposite party no. 2 i.e. Engineer-in-Chief, Irrigation Department, U.P. Sinchai Bhawan, Cantt. Road, Lucknow taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite party concerned is directed to dispose of the representation of the petitioner with speaking and reasoned order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law expeditiously, say within a period of six weeks from the date of

production of the certified copy of this order.

The decision on the representation shall be communicated to the petitioner forthwith.

Writ petition is finally disposed of .

[Rajesh Singh Chauhan, J.]

Order Date :- 10.9.2024 Om

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench