Allahabad High Court
Ram Aasrey Tiwari vs State Of U.P. And 2 Others on 30 September, 2019
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - A No. - 15530 of 2019 Petitioner :- Ram Aasrey Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandrakesh Rai Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Learned Standing Counsel has accepted notices on behalf of respondents no.1, 2 and 3.
It is argued by Sri C. K. Rai, learned counsel for the petitioner that identical controversy has already been decided by Coordinate Bench of this Court in Writ A No.5163 of 2003 (Mohd. Ramjan and another Vs. State of U.P. and others) decided on 12.12.2018. The operative portion of the aforesaid judgement dated 12.12.2018 is reproduced hereinbelow :-
"55. In the result, writ petition is allowed. Impugned order dated 29.11.2002 (Annexure 7 to the writ petition) is set aside. Respondents are directed to treat petitioners workings as Instructors at par with other Instructors, who were placed in scale of Rs.5000-8000 and to treat petitioners similarly by providing the same pay scale and give all consequential benefits within three months."
It is argued that against the aforesaid judgement Special Appeal No.622 of 2019 (State of U.P. and 2 others Vs. Mohd. Ramjan and another) was preferred by the State of U.P. The said appeal was also dismissed by a Division Bench of this Court vide its judgement and order dated 2.8.2019. It is contended that after the aforesaid judgements representation was submitted by the petitioner before the Director, Employment and Training, U.P., Lucknow/respondent no.2 on 06.8.2019, copy of which is appended as annexure 10 to the writ petition. It is further contended that apart from the same a representation dated 20.8.2019 was also submitted by the petitioner before the aforesaid respondent, copy of which was forwarded to he Secretary, Employment and Training, Civil Secretariat, Lucknow.
In this view of matter only prayer was made by Sri C. K. Rai, learned counsel for the petitioner that a mandamus be issued to the respondent no.1/Principal Secretary, Employment and Training, Civil Secretariat, Lucknow, to decide the claim of the petitioner in terms of the order passed by this Court in Writ A No.5163 of 2003 and Special Appeal No.622 of 2019.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances,without expressing any opinion on merits, we dispose of this writ petition permitting the petitioner to submit a fresh representation before the respondent no.1/Principal Secretary, Employment and Training, Civil Secretariat, Lucknow ventilating all his grievance, within a period of three weeks from today alongwith certified copy of this order. In case any such representation is filed by the petitioner within the period stipulated hereinabove before the respondent no.1, the respondent no.1 is directed to decide the same by passing a speaking and reasoned order within a period of six weeks, thereafter.
Order Date :- 30.9.2019 Pramod Tripathi