Ramesh Singh v. State of U.P Thru. Addl. Chief Secy. Deptt. of Revenue Civils Ecrt. Lko. and 3 Others

Court No. - 20 Case :- WRIT - A No. - 9810 of 2023 Petitioner :- Ramesh Singh Respondent :- State Of U.P Thru. Addl. Chief Secy. Deptt. Of Revenue Civils Ecrt. Lko. And 3 Others Counsel for Petitioner :- Pramendra Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed seeking following relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay all pensionary benefits including regular pension by treating his date of appointment as 07.01.1990; as his similarly situated Collection Peon, namely Indrapal had been paid all pensionary benefits including regular pension, in the interest of justice.

(ii) Issue any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case may also be passed of the petitioner.

(iii) allow the petition of petitioner with cost."

¶3It has been submitted that in the case of similarly situated peon, Indrapal, the aforesaid benefit has already been provided and has been upheld till Hon'ble Supreme Court and therefore petitioner is also entitled for the same benefits.

¶4For the said grievance, petitioner has already submitted a representation but seeks liberty to file a fresh representation before the authority concerned. At present, leaned counsel for petitioner restricts his prayer for a final decision with regard to same.

¶5Considering the innocuous prayer, without entering into merits, liberty is granted to petitioner to file a fresh representation before opposite party no. 2 i.e. Collector/District magistrate, District Unnao or any other competent authority who shall consider and decide the same within a period of eight weeks from the date a certified copy of this order is produced before the said authority, granting the same benefits as granted to Indrapal, in case petitioner is similarly situated as him.

¶6Petitioner shall annex copies of the judgments rendered in the case of Indrapal along with the copy of the representation.

¶7With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 20.12.2023 Satish High Court of Judicature at Allahabad, Lucknow Bench