Dhruva Narain Gupta and 2 Others v. State of U.P. Thru. Prin. Secy. Social Welfare Deptt. U.P. Lko. and Another

Court No. - 20 Case :- WRIT - A No. - 7931 of 2023 Petitioner :- Dhruva Narain Gupta And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Social Welfare Deptt. U.P. Lko. And Another Counsel for Petitioner :- Yogesh Chandra Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. Petition has been filed seeking following reliefs:- " 1. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the admissible service benefits of 8 years, 10 years 16 years and 26 years w.e.f. the date of Initial appointment as has been granted as similarly circumstanced and person junior to the petitioner with all service consequential benefits of arrears and interest etc.

¶2To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow the benefit of G.P.F treating their service regular w.e.f. the initial appointment entitling them, the benefit of pension (under the old pension) as has been granted to persons appointed from the same selection, carried out pursuant to the advertisement dated 02.12.1994.

¶3To grant any other relief which this Hon'ble Court may deem fit and proper in the circumstances of the case.

¶4To award the cost in favour of the petitioner. " It has been submitted that aforesaid benefits had already been allowed to other employees vide order dated 3rd August, 2022 and 31st July 2023 but the petitioner has been deprived of the same benefits despite being similarly placed. For the aforesaid grievance, petitioner has already submitted representations dated 5.12.2022 and 6.9.2023. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same. Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No. 2 i.e. Director, Social Welfare Department, Lucknow is directed to take a final decision on the grievance of petitioner within a period of eight weeks from the date a certified copy of this order is submitted before him. The petitioner shall annex a copy of the aforesaid representations dated 5.12.2022 and 6.9.2023 along with copy of this order. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 12.10.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench