Disposed

Ashish Kumar Upadhyay and 9 Others v. State of Up Thru. Prin. Secy. Environment, Lko and 2 Others

Allahabad HC13 Aug 2024WRIA/6430/2024

Case brief

AI extract

What is this about?

Petitioners sought mandamus for pension and pensionary benefits from retirement and for adding their daily-wage service for pension purposes in light of an earlier judgment. The court did not rule on merits; it permitted the petitioners to file separate representations to opposite parties no. 1 and 2 within ten days and directed the authorities to dispose of them with speaking and reasoned orders strictly in accordance with law within six weeks, then communicate decisions. The writ petition was disposed of finally.

What did the court decide?

Petitioners permitted to submit fresh representations; authorities directed to decide by reasoned order within six weeks.

Ashish Kumar Upadhyay and 9 Others vs… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55696

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Court No. - 4

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Case :- WRIT - A No. - 6430 of 2024

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Petitioner :- Ashish Kumar Upadhyay And 9 Others Respondent :- State Of Up Thru. Prin. Secy. Environment, Lko And 2 Others Counsel for Petitioner :- S.P. Singh Somvanshi

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri S.P. Singh Somvanshi, learned counsel for the petitioners and Sri Sandeep Chandra, learned Standing Counsel for the State-opposite parties.

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

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"i) Issue a writ, order or direction in the nature of Mandamus Commanding the Opposite Parties to provide the pension as well as pensionary benefits from the date of retirement of the petitioners.

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ii) Issue a writ, order or direction in the nature of Mandamus Commanding the Opposite Parties to add the entire service of petitioners which has rendered under the capacity of daily wages for the purpose of pension alongwith all consequential benefits in light of judgment and order dated 20.03.2024 passed in Writ-A No. 5380/2023 (Mohd. Owasis Hashmi Vs. State of U.P. and others."

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Learned counsel for the petitioners has submitted that for redressal of the aforesaid grievance, the petitioners have preferred representation to the competent authority, but to no avail. Learned counsel for the petitioners has also submitted that the petitioners may be permitted to prefer fresh separate representations before opposite parties no.1 & 2 and this Court may direct opposite parties no.1 & 2 to pass appropriate order strictly in accordance with law.

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Learned counsel for the opposite parties has no objection if direction for disposal of the representation is issued.

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Therefore, without entering into merits of the issue, the petitioners are permitted to prefer fresh separate representations to opposite parties no.1 & 2 i.e. Principal Secretary, Environment, Forest and Climate Change Department, Civil Secretariat, U.P., Lucknow and Chief Conservator Officer, U.P., Lucknow respectively taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of

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this order within a period of ten days from today. If such representations are preferred by the petitioners within the aforesaid stipulated time, the authorities concerned shall consider and dispose of the aforesaid representations of the petitioners by speaking and reasoned order, strictly in accordance with law, with expedition, say within a period of six weeks from the date of receipt of the representations and thereafter communicate the decision thereof to the petitioners forthwith.

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With the aforesaid direction, the writ petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 13.8.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Upadhyay and 9 Others v. State of Up Thru. Prin. Secy. Environment, Lko and 2 Others

Case brief

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Ashish Kumar Upadhyay and 9 Others v. State of Up Thru. Prin. Secy. Environment, Lko and 2 Others

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