Yogendra Nath Tiwari Vs State of U.P. and 2 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15436 of 2025

Yogendra Nath Tiwari

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

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	.....Respondent(s)
Counsel for Petitioner(s)	: Bhagwan Dutt Pandey
Counsel for Respondent(s)	: C.S.C., Narendra Pratap Singh
Court No.- 52

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HON'BLE MRS. MANJU RANI CHAUHAN, J.

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Heard Mr. Bhagwan Dutt Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Narendra Pratap Singh, learned counsel for the respondent nos.2 & 3 and perused the record.

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The present writ petition has been filed inter-alia for the following reliefs:-

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"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the retiral benefit such as pension to the petitioner reckoning the period has worked as daily wager/work charge employee as qualifying service for pension from the date of appointment in the respondent department till the date of regularisation, upto the date of retirement.

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(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents consider and decide the claim of petitioner contained in representations dated 13.12.2023 10.03.2025 respectively, for being paid the retiral benefit such as pension to the petitioner reckoning the period worked as daily wager/work charge employee as qualifying service for pension from the date of appointment in the respondent department till the date of regularisation, upto the date of retirement.

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(iii) Issue, writ, order or direction in the nature of mandamus commanding and directing the respondents to amend/ modify the date of regularization of the petitioners dated 03.04.2008, treating the services of the petitioner regularized from the date of initial appointment or from the date of enforcement of the Uttar Pradesh Regularization of Daily Wager Appointment on Group 'C' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, 1998 i.e. on 09.07.1998 and

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WRIA No. 15436 of 2025

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2

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the regularization order dated 03.04.2008 be amended accordingly

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(iv) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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(v) Award the cost of the petition in favour of the petitioner."

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Learned counsel for the petitioner submits that for ventilation of his grievances, the petitioner has approached the authority concerned by moving representations. However, despite several representations moved by the petitioner, no heed has yet been paid.

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Learned counsel for the respondent nos.2 & 3 submits that in case petitioner moves a fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law.

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Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.2; Gorakhpur Development Authority, Gorakhpur through its Vice Chairman within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.2 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment.

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(Mrs. Manju Rani Chauhan,J.)

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October 15, 2025

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Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Yogendra Nath Tiwari v. State of U.P. and 2 Others

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Yogendra Nath Tiwari v. State of U.P. and 2 Others

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