SANJAY KUMAR PATHAK AND 37 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/42395/2024 · 2025-07-06
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111939 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:105874 Court No. - 33 Case :- WRIT - C No. - 42395 of 2024 Petitioner :- Sanjay Kumar Pathak And 37 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C.,Jagdish Pathak Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the respondents no.1 to 4 and Sri Jagdish Pathak,
learned counsel for the respondent no.5.
2. The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"i) Issue a writ, order or direction in the nature of MANDAMUS commanding the Respondents Authorities to provide the benefits of Employee Provident Scheme as well as Pension Scheme to the Petitioners as per the Employees Provident Fund and Misc. Provision Act, 1952 by depositing the balance / due amount of Employee and Employer Contribution along with interest in their UAN Accounts w.e.f. 01.04.2015. ii) Issue a writ, order or direction in the nature of MANDAMUS commanding the Respondents No. 5 to decide the Complaint/Application dated 09.11.2024 sent by petitioners through registered post dated 11.11.2024 within stipulated time period fixed by this Hon'ble Court. (Annexure No.12 to this w.p.)"
3. Counsel for the petitioner confined his prayer only in respect of prayer no.2.
4. This prayer has not been opposed either by learned Standing Counsel or by Sri Jagdish Pathak, learned counsel for the respondent no.5.
5. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
6. In the facts and circumstances, the petitioner is permitted to submit a fresh representation/complaint before the respondent no.5-Regional Provident Fund Commissioner, Regional Office, Bareilly, U.P. annexing all the relevant papers and documents available with him and also file in the present writ petition along- with certified copy of this order within a period of three weeks
from today. If it is so, the respondent no.5 is directed to pass appropriate order in accordance with law within a further period of three months.
7. With the aforesaid observations, present writ petition is disposed of finally.
Order Date :- 7.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad