Disposed

Asha Ram v. State of U.P. Thru. Prin. Secy. Environment, U.P. Lucknow and Another

Allahabad HC17 Jan 2024WRIA/314/2024

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What is this about?

In a writ petition regarding regularization and service benefits, the Allahabad High Court directed the department to pass an appropriate order on the petitioner's representation within two months without delving into merits.

What the court decided

AI extract

Asha Ram vs State of U.P. Thru. Prin… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4583

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Court No. - 24

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Case :- WRIT - A No. - 314 of 2024

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Petitioner :- Asha Ram Respondent :- State Of U.P. Thru. Prin. Secy. Environment, U.P. Lucknow And Another Counsel for Petitioner :- Prabhat Kumar,Kaushal Kishore,Lalla Ji Maurya,Vivek Kumar Maurya Counsel for Respondent :- C.S.C.

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Hon'ble Vinod Diwakar,J.

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The petitioner's case is, the petitioner had been working as Daily Wager since 1986 in the office of U.P. Environment Directorate, Lucknow. Pursuant to the oral order, the petitioner's services were terminated, and aggrieved by the same, the petitioner preferred a petition being Writ Petition No.2566 (S/S) of 1992, which was disposed off by this Court vide order dated 19.1.2014, directing the respondents to give the petitioner equal treatment as has been given to the similarly situated junior persons. Aggrieved by the said order, the respondents also preferred a revision petition, which was dismissed by this Court vide order dated 16.2.2010.

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Vide order dated 18.8.2010, the petitioner was regularized since 2010 by creating a vacancy after taking sanction from the government on 10.8.2010. The petitioner preferred a representation before the respondent no.2 claiming regularization since 1995, which was rejected vide order dated 15.4.2013 by speaking order. Aggrieved by the order dated 15.4.2013, the petitioner preferred a writ petition before this Court, which was subsequently dismissed as withdrawn on 27.3.2019. Thereafter, the petitioner preferred a representation on 14.9.2023 claiming to count his past services for the purpose of service benefits, which is annexed as Annexure-7 to the writ petition, which is still pending since then. Apparently, this is the fourth round of the litigation of the petitioner for various reliefs. In the instant petition, the petitioner has prayed for consideration of the representation dated 14.9.2023.

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Without going into the merits and the contentions raised by learned counsel for the petitioner, at this stage, prima facie , this Court is of the view that the department may pass appropriate order as may deem fit in the facts of the case, according to the service conditions of the petitioner, within a period of two months from the date of production of a certified copy of this

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order.

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Needless to say, the petitioner had been regularized w.e.f. 18.8.2010 in the government job by creating a new post to give effect to the order passed by this Court, after taking sanction from the competent authority.

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With the aforesaid observations, the instant petition is disposed of.

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Order Date :- 17.1.2024 Anil K. Sharma

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[Vinod Diwakar, J.]

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

Asha Ram v. State of U.P. Thru. Prin. Secy. Environment, U.P. Lucknow and Another

Case brief

What is this about?

What the court decided

Asha Ram v. State of U.P. Thru. Prin. Secy. Environment, U.P. Lucknow and Another

Case brief

What is this about?

What the court decided

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