Lal Ji Pathak and 2 Others v. State of U.P. Thru. Prin. Secy. (Transport Deptt.) Lko and 5 Others

Court No. - 7 Case :- WRIT - A No. - 7513 of 2023 Petitioner :- Lal Ji Pathak And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. (Transport Deptt.) Lko And 5 Others Counsel for Petitioner :- Manish Jauhari,Sunil Kumar Gupta Counsel for Respondent :- C.S.C.,Akhilesh Pratap Singh,Ratnesh Chandra Hon'ble Abdul Moin,J.

¶1Heard learned counsel for the petitioners, learned Standing counsel appearing on behalf of the respondent no. 1, Sri Ratnesh Chandra, learned counsel appearing on behalf of the respondents no. 2 to 4 and Sri Akhilesh Pratap Singh, learned counsel appearing on behalf of the respondents no. 5 to 6.

¶2With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

¶3Under challenge is the order dated 14.09.2023, a copy of which is annexure 1 to the writ petition passed by the respondent no. 4 i.e Assistant Regional Manager (Finance), Uttar Pradesh State Road Transport Corporation, Lucknow whereby the petitioner's request for grant of pension has been rejected.

¶4Perusal of the order impugned dated 14.09.2023 would indicate that no grounds have been indicated as to why the prayer of the petitioner for grant of pension has not been found to be feasible and has been rejected.

¶5Needless to mention that it is settled proposition of law that the reasons are the soul of an order and it is the reasons which entails an order to stand on its own legs.

¶6Perusal of the order impugned would indicate that no reasons are forthcoming as to why the claim of the petitioner for grant of pension, a valuable right, has been rejected.

¶7Considering the aforesaid, the writ petition is allowed. The order impugned dated 14.09.2023, a copy of which is annexure 1 to the writ petition is set aside. The competent authority is required to pass a fresh order keeping in view the representation submitted by the petitioners dated 09.09.2023, a copy of which is annexure 13 to the writ petition.

¶8Let such an order be passed within a period of two months from the date of receipt of a certified copy of this order.

¶9It is made clear that this Court has not gone into the merits of the case. Order Date :- 12.10.2023 Pachhere/- High Court of Judicature at Allahabad, Lucknow Bench