Allahabad High Court
Rajendra Prasd Upadhyay And 2 Others vs State Of U.P. And 4 Others on 3 March, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 10441 of 2019 Petitioner :- Rajendra Prasd Upadhyay And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bhanu Pratap Singh,Ashok Malaviya Counsel for Respondent :- C.S.C.,Ramakant Singh,Ravindra Singh Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for the respondent Nos. 1 & 2, Sri Ravindra Singh, learned counsel for the respondent Nos. 3 & 4 and Sri Ramakant Singh, learned counsel for the respondent No. 5.
Present petition has been filed seeking following relief:-
"i). Issue a writ, order or direction in the nature of mandamus directing the respondents to regularize the services of the petitioners considering long length of more than 27 years services of the petitioners in the light of the numerous orders passed by the learned Single Judge as well as Division Bench in Special Appeal which has been affirmed upto the Hon'ble Supreme Court.
ii). Issue a writ, order or direction in the nature of mandamus to direct the respondents to decide the application/reminder/representation of the petitoners pending before them within stipulated period of time which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
Learned standing counsel submitted that petitioner may be directed to file fresh representation before respondent No. 3. He further submitted that in case any such representation is filed, the same shall be considered and decided at the earliest, for which learned counsel for the petitioner has no objection.
In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 3 within three weeks from today. In case any such representation is filed, respondent No. 3 is directed to decide the same in accordance with law maximum within a period of three months thereafter.
It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case.
Order Date :- 3.3.2023 ADY