RADHIKA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. RURAL ENGINEERING DPETT. LKO. AND 3 OTHERS
WRIA/1811/2025 · 2025-02-13
Alok Mathur
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 123128 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123128 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9440 Court No. - 6 Case :- WRIT - A No. - 1811 of 2025 Petitioner :- Radhika Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Rural Engineering Dpett. Lko. And 3 Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Pradeep Kumar Shukla, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.
2. By means of present petition, the petitioner has prayed for the following reliefs:-
"I. Issue writ, order or direction in the nature of 'Mandamus' thereby commanding the opposite Parties to sanction and grant pensionary benefits to the petitioner in view of the judgment and order dated 02.09.2019 passed in the case of Prem Singh Vs. State of U.P. and Others. II. Issue a writ, order or direction in the nature of 'Mandamus' thereby commanding the opposite parties to count the services of petitioner rendered in work charge establishment for the purpose of grant of pensionary benefits. III. Issue any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case may also be passed in favour of the petitioner."
3. Attention has been drawn towards Annexure No. 7 of the writ petition, which is an order dated 02.01.2024 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 petitioner approached the competent authority for redressal of his grievance but to no avail, as no appropriate orders have been passed. Therefore, liberty may be given to the petitioner 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 Shukla 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 petitioner 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 petitioner to prefer a fresh representation to the opposite party No. 1, i.e., the Principal Secretary, Rural Engineering Department, Civil Secretariat U.P., Lucknow ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which is necessary for disposal of the representation within a period of ten days' from today and if such representation is preferred by the petitioner 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 petitioner, 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 petitioner forthwith. 7. It is needless to say that if the petitioner encloses 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 petitioner.
Order Date :- 13.2.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench