Ranveer Singh Bhadauriya v. State of U.P. and 4 Others

Court No. - 35 Case :- WRIT - A No. - 19305 of 2023 Petitioner :- Ranveer Singh Bhadauriya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Subodh Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J. Heard Sri Subodh Kumar Rai, learned counsel for the writ petitioner and Sri Dheerendra Singh, learned Standing Counsel, who appears for respondents 1, 2 and 4. In view of the order, which is being proposed to be passed today, notices are not being issued to the fifth respondent. The case of the writ petitioner is that he was promoted on the post of Head Clerk and superannuated on 30.6.2014. He claims notional increment and consequential re-fixation of other monetary benefits while relying upon the decision of Madras High Court in a case of P. Ayyamperumal vs. The Registrar and others decided on 15.9.2017 affirmed by the Hon'ble Apex Court in Special Leave Petition (Civil) Diary No.22283 of 2018. Learned Standing Counsel on the other hand submits that the issues with the writ petitioner seeks to raise needs determination at the first instance by District Inspector of Schools-2 (Girls Education), Agra. He further submits that he does not propose to file any response to the writ petition. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the third who shall on the receipt of the same, put to notice to the fifth respondent and thereafter proceed to decide the claim of the petitioner strictly in accordance with law within a period of three months from the date of presentation of the certified copy of the order. In case the third respondent is of the opinion that the matter needs to be redressed by any other authority papers be transmitted to it with due communication to the writ petitioner. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed of. Order Date :- 1.12.2023 piyush High Court of Judicature at Allahabad