Allahabad High Court
Rajwati vs State Of U.P. And 2 Others on 14 February, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 2721 of 2023 Petitioner :- Rajwati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned standing counsel for the respondents.
Present petition has been filed with the following prayer:-
"Issue a writ, order or direction in that nature of mandamus directing the respondents to pay pension and other all retiral benefits to the petitioner by adding his services rendered as daily wages employee since 1.8.1989 to 31.7.2010 with his regular service for computation pension keeping in view of the judgment of apex court in the case of The State of Gujrat and others vs. Talsibhai Dhaijibhai Patel (Special Leave to Appeal (C) No. 1109 of 2022) and Prem Singh Vs. State of U.P. and others 2019(10) SCC 516 as well as in the case of Bhanu Pratap Vs. State of U.P. and others (Writ-A No. 35301 of 2017 and Special Appeal No.97 of 2021 State of U.P. vs. Bhanu Pratap Sharma and Writ-A No. 19722 of 20198 Sita Devi vs. State of U.P. and others)"
Learned counsel for the petitioner submitted that for redressal of his grievance, he has filed a representation dated 21.12.2022 before the respondent No. 3, but till date same has not been decided. He next submitted that a suitable direction may be issued to respondent No.3 to decide the representation of the petitioner within stipulated period for which learned Standing Counsel has no objection.
Considering the facts and circumstances of the case, the present petition is disposed of with direction to respondent no.3 to decide the representation of the petitioner dated 21.12.2022 maximum within a period of two months from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 3 to decide the representation of the petitioner after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 14.2.2023 Junaid/Sachin Mishra