DEENA NATH v. STATE OF U.P. THRU. SECY./ PRIN. SECY. DEPTT. AGRICULTURE EDU. AND RESEARCH, LUCKNOW AND OTHERS
/184/2025 · 2025-01-09
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115039 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115039 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1624 Court No. - 5 Case :- WRIT - A No. - 184 of 2025 Petitioner :- Deena Nath Respondent :- State Of U.P. Thru. Secy./ Prin. Secy. Deptt. Agriculture Edu. And Research, Lucknow And Others Counsel for Petitioner :- Kripa Shankar Shukla Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondent no.1, and Sri Uttam Kumar Verma, learned counsel, who files Vakalatnama on behalf of respondents no.2 to 5. 2. With the consent of learned counsels for the parties, the writ petition is being decided finally. 3. Instant writ petition has been filed praying for the following main reliefs:-
"(i) Issue a writ, order or direction in nature of Mandamus thereby commanding and directing the opposite parties particularly opposite party no.3 to treat the petitioner as regular class - IV employee/incumbent of the University from the date i.e. 30.06.2020 when the persons junior to the petitioner were regularized on the respective class-III & IV posts in the University and further the opposite parties may kindly be directed to pay all the consequential benefits accordingly to the petitioner w. e. f. 30.06.2020, in the interest of justice. (ii) Issue a writ, order or direction in nature of Mandamus thereby commanding/directing the opposite parties to consider the qualifying service of the petitioner rendered from daily wage employee to the date i.e. 30.06.2020 be treated as regular class- IV employee till retirement for the payment of pension and other retiral benefits, in the interest of justice. (iii) Issue a writ, order or direction in nature of Mandamus commanding the opposite parties to pay the petitioner minimum of the pay scale in tune of Rs.2550/- per month, from 24.07.2002 to 31.12.2005, in light of the judgment and order dated 31.03.016 passed by this Hon'ble court, in earlier writ petition bearing no. 3664(S/S) of 2002, of the petitioner
including other similarly situated daily wage employees, in the interest of justice. (iv) Issue any other appropriate writ, order or direction in favour of the petitioner as this Hon'ble Court may deem fit and proper under the circumstances of the case. (v) Award the cost of the writ petition in favour of the petitioner."
4.
Learned counsel for the petitioner after arguing at some length submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a fresh representation before respondent no.3 which may be directed to be decided within a time frame fixed by this Court to which learned Standing Counsel appearing for respondents has no objection. 5. In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before respondent no.3 then respondent no.3 shall endevour to decide the same by means of a reasoned and speaking order within a further period of three months from the date of submission of the representation along with certified copy of this order. 6. With the aforesaid direction, writ petition is disposed off. 7. It is made clear that this Court has not gone into the merits of the case. Order Date :- 9.1.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench