Sanjay Kumar and 2 Others v. State of U.P. Thru. Prin. Secy. Public Works Department Lko and 2 Others

Court No. - 20 Case :- WRIT - A No. - 8275 of 2023 Petitioner :- Sanjay Kumar And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Public Works Department Lko And 2 Others Counsel for Petitioner :- Prayas Srivastava Counsel for Respondent :- C.S.C.,Varun Pandey Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioners, learned State Counsel for opposite party nos. 1 and 3 and Mr. S.B. Pandey, learned Senior Counsel assisted by Mr. Varun Pandey, learned counsel for opposite party no. 2.

¶2Petition has been filed seeking a direction to the opposite party no. 2 to repatriate petitioners with immediate effect.

¶3It has been submitted that petitioners who were initially appointed in the Public Works Department of the State Government were sent on deputation to the Uttar Pradesh Expressway Industrial Development Authority and have now spent more than seven years on such deputation but the opposite parties are not repatriating them despite the fact that petitioners are entitled to such repatriation.

¶4Learned counsel for petitioner has relied upon in the case of State of Punjab and others versus Inder Singh and others to buttress the fact that petitioners are required to be repatriated.

¶5For the said grievance petitioners have already submitted a representation but seek liberty to file a fresh representation before the authority concerned.

¶6Considering the innocuous prayer, without entering into merits, liberty is granted to petitioner to file a fresh representation before opposite party no. 2 i.e. Chief Executive Officer, Uttar Pradesh Expressway Industrial Development Authority (UPEIDA), C-13 second floor, Paryatan Bhawan, Vipin Khan, Gomti Nagar Lucknow (U.P.) who shall consider and decide the same within a period of six weeks from the date a certified copy of this order is produced before the said authority along with fresh representation in the light of aforesaid judgment in case they are applicable upon petitioners. Petitioners shall annex copes of the judgments on which they place reliance along with the copy of this order.

¶7With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 19.10.2023 Satish High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench