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Allahabad High Court

Naresh Chandra Sharma And Anoter vs State Of U.P. And 2 Others on 8 January, 2025

Author: Ajay Bhanot

Bench: Ajay Bhanot





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:4112
 
Court No. - 5
 

 
Case :- WRIT - A No. - 142 of 2025
 

 
Petitioner :- Naresh Chandra Sharma And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Syed Wajid Ali
 
Counsel for Respondent :- C.S.C.,Pradeep Chauhan
 

 
Hon'ble Ajay Bhanot,J.
 

Heard Shri Syed Wajid Ali, learned counsel for the petitioners, learned Standing Counsel for the State-respondent, Shri Pradeep Chauhan, learned counsel for the respondents No. 2 and 3.

The petitioners claim that their services rendered as daily wagers are liable to be counted towards pensionable services. A representation in this regard has been made but to no avail.

Learned counsel for the petitioners relies on the law laid down by this Court in Writ A No. 9872 of 2023 (Ram Sewak Yadav vs. State of U.P. and 3 others) decided on 01.02.2024 and Writ A No. 17042 of 2021 (Kamaluddin vs. State of U.P. and another) decided on 06.12.2021.

Shri Pradeep Chauhan, learned counsel for the respondents No. 2 and 3 submits that the claim of the petitioners require factual determination as per applicable law by the competent authority in the first instance. He, however, fairly contends that their claims are liable to be decided by the competent authority within a reasonable time frame. The applicability of the aforesaid judgments to the facts of this case will also be examined while deciding the representation of the petitioners.

In the wake of submissions made by the parties, and without going into the merits of the case, the respondent no. 3 i.e. Executive Officer, Nagar Palika Parishad, Anoopshahr, Bulandshahar shall decide the representation of the petitioners as per law within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.

Writ petition is disposed of.

Order Date :- 8.1.2025 Jaswant