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Allahabad High Court

Ashok Kumar Mishra vs State Of U.P. And 2 Others on 12 December, 2022

Author: Pankaj Bhatia

Bench: Pankaj Bhatia





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 20614 of 2022
 

 
Petitioner :- Ashok Kumar Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jitendra Nath Sharma,Pratik Kumar Sharma
 
Counsel for Respondent :- C.S.C,M.N. Singh
 

 
Hon'ble Pankaj Bhatia,J.
 

Heard the counsel for the petitioner, the learned Standing Counsel for the State respondents and Sri Sanjay Kumar, learned Advocate appeared on behalf of respondent no. 2.

The present petition has been filed alleging that the services rendered by the petitioner prior to the date of regularization for the period 05.01.1989 to 30.04.2012 have not been considered while deciding the issue of retiral benefits. He places reliance on the judgment passed by this Court in the case of Smt. Gayatri Devi Sharma vs. State of U.P. and others in Writ A No.8287 of 2021 decided on 12.08.2021. He argues that the said person was similarly as that of the petitioner and has been granted the benefit after the decision of this Court.

In view thereof, the impugned order dated 22.09.2022 is clearly unsustainable and is set aside with direction to the respondents to revisit the issue and take a fresh decision in the light of the judgment of this Court in the case of Smt. Gayatri Devi Sharma (supra) within a period of three months.

The writ petition stands disposed off.

Order Date :- 12.12.2022 Puspendra