Amit Srivastava and 10 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Law Lko. and 2 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14397 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.

¶1Heard learned counsel for petitioners, learned State counsel for opposite party no.1 and Mr. Shishir Jain assisted by Ms. Kavya Jain, learned counsel for opposite parties no.2 & 3.

¶2The present petition has been filed seeking the following main relief:- "i. to issue a writ, order or direction in the nature of mandamus commanding the Respondents to consider and decide the representation dated 10-11-2025 made by the petitioners, as contained in Annexure No.1 to the petition, for counting of adhoc service period of the petitioners, for the purpose of grant of all service benefits such as ACP fixation, deduction of funds, GPF etc. and admissibility of old pension Scheme, in the light of Apex Court's Judgements i.e. (Dharam Singh & Ors Vs. State of U.P. & Anr Civil Appeal No.8558 of 2018, Jaggo Vs Union of India-2024 SCC Online SC 3826, Shripal & Another Vs Nagar Nigam, Gaziabad 2025 SCC Online SC 221, Jitendra Kumar Singh Vs High Court judicature at Allahabad Civil Appeal No.629 of 2017, Jai Ram Sharma Vs State of Versus Counsel for Petitioner(s) : Ankit Pande Counsel for Respondent(s) : C.S.C., Shishir Jain Amit Srivastava And 10 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Law Lko. And 2 Others .....Respondent(s) U.P. Writ A No.731 of 2024) and taking into consideration the D.O. No. A-90/2011 Conf. dated 12-5-2011, within such time as this Hon'ble Court deem fit and proper in the interest of justice."

¶3Learned counsel for opposite parties no.2 & 3 submits that since petitioners are still in service, there is requirement of fair consideration of admissibility of pension as on date since no cause of action has accrued with regard to same.

¶4Considering such objection, liberty is granted to petitioners to file fresh individual representations before opposite party No.3 i.e. District Judge, Lucknow with regard to grant of service benefits such as Assured Career Progression and deduction of funds particularly with regard to General Provident Fund etc.

¶5In case such representations are made, the same shall be decided expeditiously, preferably within a period of eight weeks from the date a certified copy of this order is produced before the said authority.

¶6The aspect of petitioners being covered that Old Pension Scheme or for grant of pensionary benefits could be examined in case once the cause of action accrues upon their superannuation for which they are granted liberty to approach this Court again.

¶7With the aforesaid directions, the petition stands disposed of. December 16, 2025 Subodh/- WRIA No. 14397 of 2025 (Manish Mathur,J.) High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench