Disposed

Ram Ekbal Chaurasiya Pno. 060580522 v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 4 Others

Allahabad HC10 Jul 2024WRIA/5170/2024

Case brief

AI extract

What is this about?

Petitioner sought to quash transfer orders via Certiorari and directed cessation of work via Mandamus. Court granted time to respondent, connected the petition to a related case, and stayed the impugned transfer order dated 26.06.2024 insofar as it relates to the petitioner.

What did the court decide?

Stayed the operation and implementation of the impugned transfer order dated 26.06.2024 insofar as it relates to the petitioner.

Ram Ekbal Chaurasiya Pno. 060580522 vs… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 5170 of 2024

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Petitioner :- Ram Ekbal Chaurasiya Pno. 060580522 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others

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Counsel for Petitioner :- Sheshnath Bhardwaj Advoc,Deepak Dwivedi Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri Sheshnath Bhardwaj, learned counsel for the petitioner and Shri Tushar Verma, learned Additional Chief Standing Counsel.

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

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"i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned transfer order dated 26.06.2024 passed by respondent No.3 as contained in annexure no.1 to the writ petition.

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(ii) Issue a writ order or direction in the nature of certiorari thereby quashing the order dated 26.06.2024 passed by respondent No.4 as mentioned in annexure no.1 hereinabove after summoning the same from the respondents.

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(iii) Issue a writ order or direction in the nature of certiorari thereby quashing the standing order dated 09.04.2015 passed by respondent No.2 as contained annexure no.2 to this writ petition.

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(iv) Issue a writ order or direction in nature of mandamus commanding respondents to allow the petitioner to work at 26th Battalion P.A.C. Gorakhpur and to pay their salary and allowances regularly including its arrears."

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Attention has been drawn towards Annexure No.10, which is an order dated 16.06.2023 passed by this Court in Writ-A No.4531 of 2023, which reads as under:-

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"Heard.

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On request, connect and list along with Writ Petition No.14850 (S/S) of 2021 (Neeraj Kumar Pandey vs. State of U.P. and others).

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Learned standing counsel prays for and is allowed four weeks time to file counter affidavit. Learned counsel for the petitioner shall have two weeks thereafter for filing rejoinder affidavit.

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It is not being disputed by the learned standing counsel that the interim order has been passed in the above noted writ petition.

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Accordingly, until further orders of this Court, the operation and implementation of the impugned transfer order dated 02.06.2023 shall

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remain stayed insofar it relates to the petitioner."

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Learned counsel for the petitioner has stated that the present controversy is squarely covered with the aforesaid case, therefore, the benefit of interim order so granted in the aforesaid case may be given to the present petitioners.

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Learned Additional Chief Standing Counsel has, however, prayed to allow four weeks' time to file counter affidavit.

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Time prayed for is granted to the learned Additional Chief Standing Counsel to file counter affidavit within a period of four weeks.

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Connect along with Writ A No.4795 of 2024 (Raghvendra Singh and others vs. State of U.P. & Others) and list on 05.08.2024 within top ten cases.

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Until further orders of this Court, the operation and implementation of the impugned transfer order dated 26.06.2024 shall remain stayed insofar it relates to the petitioners.

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Order Date :- 10.7.2024 Shravan

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

Ram Ekbal Chaurasiya Pno. 060580522 v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Ram Ekbal Chaurasiya Pno. 060580522 v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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