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2025 DAILYLAW 128216 (ALL)

MAHESHWER PRASAD TIWARI AND 22 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. AGRICULTURE DEPTT. LKO. AND 2 OTHERS

WRIA/2865/2025 · 2025-03-20

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16068 Court No. - 3 Case :- WRIT - A No. - 2865 of 2025 Petitioner :- Maheshwer Prasad Tiwari And 22 Others Respondent :- State Of U.P. Thru. Prin. Secy. Agriculture Deptt. Lko. And 2 Others Counsel for Petitioner :- Jitendra Narain Mishra Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Jitendra Narain Mishra, learned counsel for the petitioners, Sri Devesh Pathak, learned Additional Chief Standing Counsel for the opposite party No.1 and Sri Aditya Mohan, learned Advocate who has filed Vakalatnama on behalf of opposite parties No.2 & 3, same is taken on record. 2. By means of this petition, the petitioners have prayed following main reliefs:- "(I) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the petitioners, the interest for the delayed payment of the benefits of the Sixth Pay Commission recommendations with effect from 01.01.2006, which was given to them in the year 2023-2024." 3. Learned counsel for the petitioners has stated that the petitioners, who have retired from service, have not been paid the interest for the delayed payment of the benefit of 6th Pay Commission recommendations with effect from 01.01.2006, which was granted to them in the year 2023-2024. 4. Learned counsel for the petitioners has submitted that for redressal of their grievance the petitioners have preferred representation dated 15.01.2025 & 16.01.2025 to the opposite party No.2, which has been annexed as Annexure Nos.20 & 21 to the petition, but no appropriate decision has been taken on the same till date. 5. Learned counsel for the petitioners has further submitted that the petitioners are ready to prefer a fresh representation to the Competent Authority, therefore, they may be permitted to prefer a fresh representation to the opposite party No.2 i.e. the Director, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow and the direction may be issued him to consider and decide the said representation of the petitioners with expedition. 6. Learned counsel for the opposite parties has no objection if direction for disposal of the said representation is issued. 7. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioners to prefer a fresh representation to the opposite party No.2 i.e. the Director, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow raising all their pleas and grounds which are available with them for disposal of the representation annexing therewith copy of their earlier representation and the relevant documents in support of their claim within a period of fifteen days, and if any such representation is preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioners, strictly in accordance with law by passing a speaking and reasoned order, with expedition, preferably within a period of two months from the date of presentation of a certified/computerized copy of this order along with representation and shall take all endeavour to make payment of interest for the delayed payment of the benefit of 6th Pay Commission to the petitioners if there is no other legal impediment. The decision, so taken on the representation of the petitioners, be intimated to the petitioner s forthwith. 8. In view of the aforesaid terms, the writ petition is disposed of finally. Order Date :- 20.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench