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2025 DAILYLAW 128426 (ALL)

NARSINGH YADAV v. RAJYA KRISHI UTPADAN MANDI PARISHAD U.P. THRU. DIRECTOR AND 5 OTHERS

WRIA/2904/2025 · 2025-03-20

Rajesh Singh Chauhan

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16080 Court No. - 3 Case :- WRIT - A No. - 2904 of 2025 Petitioner :- Narsingh Yadav Respondent :- Rajya Krishi Utpadan Mandi Parishad U.P. Thru. Director And 5 Others Counsel for Petitioner :- Rajiv Srivastava,Avadhesh Kumar Singh,Baldau Ji Singh Counsel for Respondent :- Naresh Chandra Mehrotra,Akhilesh Pratap Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Baldau Ji Singh, learned counsel for the petitioner, Sri Rajesh Kumar, Advocate who has filed his Vakalatnama on behalf of opposite parties No.1 to 4, same is taken on record and Sri Akhilesh Pratap Singh, learned counsel for opposite parties No. 5 & 6. 2. By means of this petition, the petitioner has prayed the following main reliefs:- "(I) To issue a writ, order or direction in the nature of mandamus,directing the opposite parties to abide by the provisions of the Employees Provident Fund and (Miscellaneous Provisions) Act, 1952 and Employees Provident Fund Scheme, 1952 as well as the Employees Pension Scheme, 1995 for the petitioner worked as work-charge employees under opposite party No.3 of construction division of Mandi Parishad. (II) To iue a writ, order or direction in the nature of Mandamus directing the opposite parties to pay to the petitioner, Employees Provident Fund, Insurance and Pension for 24 years period of work, as work charge employee, on muster role with interest of 12% per annum." 3. The petitioner has already preferred a representation to the Additional Commissioner, Employees Provident Fund Organization, Kanpur Nagar on 14.12.2024 forwarding a copy thereof to various authorities including the Director Rajya Krishi Utpadan Mandi Parishad, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow, but no decision has been taken on the same till date. 4. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, he may be permitted to prefer a fresh representation to the opposite party No.2 i.e. Director Rajya Krishi Utpadan Mandi Parishad, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow and the direction may be issued him to consider and decide the said representation of the petitioner with expedition. 5. Learned counsel for the opposite parties has no objection if direction for disposal of the said representation is issued. 6. 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 petitioner to prefer a fresh representation to the opposite party No.2 i.e. the Director Rajya Krishi Utpadan Mandi Parishad, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow raising all his pleas and grounds which are available with him for disposal of the representation annexing therewith copy of his earlier representation and the relevant documents in support of his claim within a period of fifteen days forwarding the copy of the representation to the opposite party No.6., and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition, preferably within a period of three months from the date of presentation of a certified/computerized copy of this order along with representation. The decision, so taken on the representation of the petitioner, be intimated to the petitioner forthwith. 7. 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