MOHD. ASLAM AND 10 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. P.W.D. LKO AND 6 OTHERS
WRIA/1817/2025 · 2025-02-13
Alok Mathur
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 121535 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121535 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9429 Court No. - 6 Case :- WRIT - A No. - 1817 of 2025 Petitioner :- Mohd. Aslam And 10 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. P.W.D. Lko And 6 Others Counsel for Petitioner :- Ram Bali Tiwari,Shri Narayan Pandey,Vinay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Ram Bali Tiwari, learned counsel for the petitioners as well as learned Standing Counsel for the respondents.
2. By means of present petition, the petitioners have prayed for the following reliefs:-
"I. Issue writ, order or direction in the nature of mandamus commanding the Opposite Parties to provide the pension to the petitioners after calculating the past services rendered by the petitioners in daily wager and work charge capacity as a qualifying service for pension purpose in the interest of justice. II. Any other further order or direction which this Hon'ble Court may deem fit and proper may also be given in favour of petitioners."
3. Attention has been drawn towards Annexure No. 3 of the writ petition, which is an order dated 07.12.2023 passed by the Apex Court in bunch of Special Leave Petitions, wherein the fact has been considered by the Apex Court that the State Government is ready and willing to comply with the common judgment and
order dated 02.09.2019 in respect of the contempt petitioners. The learned counsel has further submitted that pursuant to the aforesaid undertaking being given before the Apex Court, the State Government / competent authority has passed the consequential orders making compliance of the order of the Apex Court. It is further submitted that the petitioners approached the competent authority for redressal of their grievance but to no avail, as no appropriate orders have been passed. Therefore, liberty may be given to the petitioners to approach the opposite party no.1 preferring a fresh representation and direction may be issued to decide the same strictly in accordance with law, with expedition. 4. Sri Tiwari has drawn attention of this Court towards a letter dated 15.06.2024 preferred by the Executive Engineer, Karya
Prabharit Adhisthan Prakoshta on behalf of Engineer-in-Chief, Irrigation Department addressing to all concerned Executive Engineers apprising that the payment of pension to all the employees who are the petitioners in re: Prem Singh (supra) has been made and who are not petitioners in the contempt petition in re: Prem Singh (supra) shall also be entitled for the same benefit, therefore, those employees may also be provided the same benefit on the basis of principles of parity. 5. Sri Tiwari has also submitted that the authorities are making payment of pension to similarly placed employees, therefore, the same benefit may be provided to the petitioners herein also. 6.
Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioners to prefer a fresh representation to the opposite party No. 1, i.e., the Additional Chief Secretary, Public Works Department, Civil Secretariat U.P., Lucknow ventilating their grievance taking all pleas and grounds which are available with them enclosing therewith the copy of their earlier representation, if any, which are necessary for disposal of the representation within a period of ten days' from today and if such representation is preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same by passing a speaking and reasoned order strictly in accordance with law after affording an opportunity of hearing to the petitioners, if it is so required, with expedition preferably, within a period of six weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioners forthwith. 7. It is needless to say that if the petitioners enclose the copy of the aforesaid letter dated 15.06.2024, the authority concerned shall look into the aforesaid letter while disposing of the representation of the petitioners.
Order Date :- 13.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench