Zubair Ahmad vs State of U.P. and 3 Others

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

WRIT - A No. - 18100 of 2025

¶3

Zubair Ahmad

¶4

.....Petitioner(s)

¶5

	Versus
State Of U.P. And 3 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Naziya Siddiqui, Satish Mohan Tiwari
Counsel for Respondent(s)	: C.S.C., Ghanshyam Dwivedi

¶6

Court No. - 52

¶7

HON'BLE MRS. MANJU RANI CHAUHAN, J.

¶8

Heard learned counsel for the petitioner, Mr. Ghanshyam Dwivedi, learned counsel for the respondent nos.2, 3 and 4 and learned Standing Counsel for the State-respondents.

¶9

The writ petition has been filed with the following prayers:-

¶10

"(a) Issue a writ, order or direction in the nature of ad interim mandamus commanding the respondents to release the pension of petitioner and pay the entire retiral benefit including gratuity, insurance, leave encashment and other related benefit to the petitioner within stipulated period.

¶11

(b) Issue a writ order or direction in the nature of mandamus commanding the respondents to decide the application of the petitioner for payment of pension and other service benefit pending before him, within stipulated time which is fixed by this Court."

¶12

Learned counsel for the petitioner submits that the petitioner was initially appointed as a Hand Pump Mechanic in Jal Sansthan, Banda in the year 1989. Since then, he has been working as a daily wager and has discharged his duties to the satisfaction of his superiors and there being no complaint against him. As the petitioner had been performing his duties as a mechanic since 1989, he submitted a representation before the authorities seeking regularization of his services. When no action was taken, he filed Writ Petition No.5008 of 1996 before this Court, and the Hon'ble Court by order dated 04.02.1999 directed the authorities to consider his claim for regularization. Pursuant to the said order, the

¶13

WRIA No. 18100 of 2025

¶14

2

¶15

petitioner’s services were regularized on 13.07.2005. He, thereafter, retired on 30.04.2025. The petitioner has submitted a representation for release of his pension and other retiral benefits, including gratuity, insurance, leave encashment, and other admissible dues, but nothing has been done till date. Therefore, a direction may be issued to respondent no.2 to consider and decide the petitioner’s claim at the earliest.

¶16

Learned counsel for the respondents, on the other hand, submits that as per the relevant Government order, only those persons who were regularized prior to 28.05.2005 are entitled for the pension, however, in case, the petitioner submits a fresh representation before the respondent no.2 along with all relevant documents, the same shall be considered and decided in accordance with law.

¶17

Considering the facts and circumstance 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 petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.2 General Manager, Jal Sansthan, Chitrakoot Dham Mandal, District Banda, within three weeks from today along with a certified copy of this order. On such representation being made, the 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.

¶18

(Mrs. Manju Rani Chauhan,J.)

¶19

December 2, 2025 Rahul.

¶20

Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Zubair Ahmad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Zubair Ahmad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Rekha Rani vs State of U.P. and 2 Others

Umendra Kumar vs State of U.P. and 3 Others

Anupam Kishor and 4 Others vs State of U.P. and 5 Others

Shishpal vs State of U.P. and 3 Others

Sukh Ram vs State of U.P. and 2 Others

Sajid Ali vs State of U.P. and 3 Others