Govind Kumar Gupta Vs State of U.P. Thru. Prin. Secy. Fishery Deptt. Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

Govind Kumar Gupta Vs State of U.P. Thru. Prin. Secy. Fishery Deptt. Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition finally disposed of at the admission stage with consent of parties: petitioner permitted to move a fresh representation within 10 days before the Director, Fishery Department, Lucknow; that authority to decide it by a speaking and reasoned order after hearing, strictly in accordance with law, within six weeks, and communicate the decision forthwith.

Issue for consideration

Whether a writ in the nature of mandamus should issue commanding opposite party no. 2 to grant the petitioner the benefit of foregoing from the post of Junior Assistant to the Senior Assistant, as contained in annexure no. 3 to the writ petition.

Court's answer

Without entering into the merits, the petitioner is permitted to move a fresh representation within 10 days before opposite party no. 2, i.e. Director, Fishery Department, Lucknow, taking all pleas and grounds and enclosing his earlier representations with all relevant documents.

Ratio / Principle

If such representation is moved, opposite party no. 2 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 six weeks from production of the certified copy of the order.

Key takeaways

The decision on the representation shall be communicated to the petitioner forthwith.ratio¶16

Detailed headnote1 paragraphs

WRIT - A No. 7949 of 2024 (High Court of Judicature at Allahabad, Lucknow Bench, Rajesh Singh Chauhan, J., 17.9.2024): The petitioner sought a mandamus commanding opposite party no. 2 (Director, Fishery Department, Lucknow) to grant him the benefit of foregoing from the post of Junior Assistant to the Senior Assistant as per annexure no. 3. Prayer no. 1 was deleted at the petitioner's request. With consent of parties, and without entering into the merits, the writ petition was disposed of finally at the admission stage: the petitioner was permitted to move a fresh representation within 10 days, enclosing his earlier representations and all relevant documents; the Director was directed to decide it with a speaking and reasoned order after affording an opportunity of hearing, strictly in accordance with law, expeditiously within six weeks from production of the certified copy of the order, and to communicate the decision forthwith.

Neutral Citation No. - 2024:AHC-LKO:64076

Court No. - 4

Case :- WRIT - A No. - 7949 of 2024

Petitioner :- Govind Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Fishery Deptt. Lko And 3 Others

Counsel for Petitioner :- Manzar Ali Khan,Akbar Ali Khan Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Manzar Ali Khan, learned counsel for the petitioner and Sri Anirudh Singh, learned Standing Counsel for the opposite parties.

At the very outset learned counsel for the petitioner prays that he may be permitted to delete prayer no. 1.

On the aforesaid request the petitioner is permitted to delete the prayer no. 1 during the course of day.

In view of above the sole prayer reads as under :

" A suitable Writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 to proved benefit of foregoing from the post of Junior Assistant to the Senior Assistant to the petitioner, as contained in annexure no. 3 to the writ petition, in the interest of justice."

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 i.e. Director, Fishery Department, Lucknow 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. Director, Fishery Department, 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 :- 17.9.2024 Om

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