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2025 DAILYLAW 108949 (ALL)

RAHUL GUPTA v. State of UP AND 3 OTHERS

WRIA/18859/2024 · 2025-03-03

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30822 Court No. - 4 Case :- WRIT - A No. - 18859 of 2024 Petitioner :- Rahul Gupta Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashok Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following reliefs as substantial reliefs: "i) Issue a appropriate writ, order or direction in the nature of Mandamus directing the respondents to pay the withheld subsistence allowance of the petitioner from the period 01.04.2024 to 26.07.2024 and also the balance subsistence allowance be paid to the petitioner to consider and decide the claim of the petitioner @ 75% of the salary last paid i.e. 18,900/- in view of the provision provided under Rule 53(1)(a) of Financial Hand Book along with interest @ 12% per annum; ii) Issue a appropriate writ, order or direction in the nature of Mandamus directing the respondents to consider and decide the claim of the petitioner contained in representation dated 11.11.2024 (Annexure no. 5) for being paid the withheld subsistence allowance of the petitioner from the period 01.04.2024 to 26.07.2024 and also the balance subsistence allowance be paid to the petitioner to consider and decide the claim of the petitioner @ 75% of the salary last paid i.e. 18,900/- in view of the provision provided under Rule 53(1)(a) of Financial Hand Book along with interest @ 12% per annum;" In the above regard it is stated on behalf of the petitioner that petitioner has made representation dated 11.11.2024 but the representation has remain undisposed of. Learned Standing Counsel submits that he has no objection in the event this petition stands disposed of with a direction to the concerned competent respondent to look into and consider the grievance of the petitioner and pass appropriate order strictly in accordance with law. In view of the above, this petition stands disposed of with a direction that the competent respondent shall consider the grievance of the petitioner raised in his representation and decide the same within a period of two months from the date of receipt of certified copy of this order. Needless to add the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. Order Date :- 4.3.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad