Meraj Ali v. State of U.P. Thru. Addl. Chief Secy. Lok Nirman Lko. and 3 Others

Court No. - 20 Case :- WRIT - A No. - 9493 of 2023 Petitioner :- Meraj Ali Respondent :- State Of U.P. Thru. Addl. Chief Secy. Lok Nirman Lko. And 3 Others Counsel for Petitioner :- Raj Karan Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

¶2Petition has been filed seeking following reliefs: "(i) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to regularize the petitioner since 2002 under U.P. Regularization of Daily Wages (Appointment of Group 'D' Posts) Rules 2001 and to provide the benefits of Old Pension Scheme within stipulated period in the interest of Justice.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to provide the payment of G.P.F. since December 2005 to May 2008 with 9% Interest within stipulated period in the interest of Justice................."

¶3It has been submitted that petitioner was initially engaged on daily basis in the year 1987 and was subsequently regularized in May, 2005 due to which he has been excluded from the benefit of Old Pension Scheme.

¶4It has been submitted that petitioner has in fact been discriminated against since similarly situated person and even those junior thereto him have been regularized on a date prior to 01.04.2005 and have been brought within Old Pension Scheme thereby depriving petitioner of the aforesaid benefits.

¶5For the aforesaid grievance, petitioner has already submitted a representation dated 29.11.2023. At present learned counsel for petitioner restricts his prayer for a final decision with regard to same.

¶6Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No.3 i.e. Superintending Engineer, Ayodhya Circle, Lok Nirman Vibhag, Ayodhya is directed to consider and decide representation dated 29.11.2023 by reasoned and speaking order within a period of eight weeks from the date a certified copy of this order is produced before said authority.

¶7With the aforesaid observation, petition stands disposed of. Order Date :- 14.12.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench