Allahabad High Court
Sanjay Kumar And 20 Others vs State Of U.P. And Another on 10 September, 2020
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 7139 of 2020 Petitioner :- Sanjay Kumar And 20 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J.
The petitioners appeared in the recruitment exercise undertaken by the respondents for appointment on the post of Lekhpal. According to the petitioners, the result was declared on 28.08.2003. On 29.08.2003, the State Government imposed ban on all selections in the State. It is also the case of the petitioners that after the ban was lifted, the petitioners were sent on training and ultimately appointed in the year 2006. They are being denied the benefit of Old Pension Scheme on the ground that New Pension Scheme is operational since 01.04.2005. The petitioners are seeking benefit of the judgment of this Court dated 19.12.2019 in Writ-A No. 55606 of 2008 (Mahesh Narayan And Others Vs. State of U.P. And Others). The submission of learned counsel for the petitioners is that the petitioners cannot be denied benefit of old pension scheme as the delay in issuing appointment letter is wholly attributable to the respondents themselves. It is urged that the representation of the petitioners made in this regard is pending before respondent no.2 and the same be directed to be decided within a specified time.
Smt. Archana Tyagi, learned Additional Chief Standing Counsel, states that the respondent no.2 is competent to examine the issue.
Accordingly, the petition is disposed of with direction to respondent no.2 to examine the claim of the petitioners in the light of their representation dated 15.11.2019 and reminders dated 08.07.2019 and 13.01.2020 (Annexure-16) by passing a speaking order within a period of twelve weeks from the date of receipt of true attested copy of the instant order along with photo-copy of the representations.
(Manoj Kumar Gupta,J.) Order Date :- 10.9.2020/Chandan