RAM MANOHAR v. STATE OF U.P. THRU. PRIN. SECY., DEPTT. HOUSING AND URBAN PLANNING, LKO. AND 3 OTHERS
WRIA/3130/2025 · 2025-03-26
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129655 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129655 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17266 Court No. - 3 Case :- WRIT - A No. - 3130 of 2025 Petitioner :- Ram Manohar Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Housing And Urban Planning, Lko. And 3 Others Counsel for Petitioner :- Manoj Sahu,Lukmendra Kumar Counsel for Respondent :- C.S.C.,Virendra Mishra Hon'ble Rajesh Singh Chauhan,J. Heard Sri Manoj Sahu, learned counsel for the petitioner, Sri Birendra Singh, learned Addl. C.S.C. for the State and Sri Virendra Mishra, learned counsel for the opposite parties no. 2,3 and 4. By means of this petition the petitioner has prayed following relief :
"A. Issue a writ order or direction in the nature of Mandamus commanding and directing to the opposite parties to release the amount of Rs 10,10,765/- which has been illegally deducted from the retiral dues of the petitioner and to release the amount of GIS, TA and DA along with interest thereon till actual payment to the petitioner, in the interest of justice. B. Issue a writ order or direction in the nature of mandamus commanding and directing to the opposite parties to restore the pension of the petitioner at the rate of Rs 56,200/- per month in place of Rs 52,950/-. C. Issue a writ order or direction in the nature of Mandamus commanding and directing to the opposite parties to pay the difference of pension from 01.06.22 along with interest till actual payment is made to the petitioner." Attention has been drawn towards Annexure no. 6 which is a
judgment and order dated 11.5.2023 passed by this Court in Writ-A No. 715 of 2023 (Rajendra Prasad Dwivedi vs. State of U.P. & another) in a case of an employee of Banda Development Authority wherein the similar benefit has been given. Annexure no. 7 is the order passed in Special Appeal bearing Special Appeal No. 328 of 2023 (Banda Development Authority vs. State of U.P. & another) dated 17.2.2025 whereby the special appeal of the Banda Development Authority has been rejected.
Learned counsel for the petitioner has submitted that the petitioner preferred a representation to the Principal Secretary of the Department on 3.9.2024 (Annexure no. 8) sending the copy thereof to the Vice Chairman, Ghaziabad Development Authority but no decision has been taken. Learned counsel for
the petitioner has stated that since the identical issue has been decided by this Court, therefore, the grievance of the petitioner may also be redressed in the light of the aforesaid judgment of this Court. Learned counsel has further submitted that no separate representation has been given to the Vice Chairman, Ghaziabad Development Authority for redressal of his aforesaid grievance. Be that as it may, if the identical issue relating to other Development Authority has been decided in favour of the employee, the benefit thereof may be extended to the present petitioner after verifying the applicability of the aforesaid
judgment in the case of the present petitioner. Therefore, without entering into the merits of the issue, I dispose of this petition at the admission stage giving liberty to the petitioner to move fresh reprentation to the Vice Chairman, Ghaziabad Development Authority within two weeks taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite party concerned is directed to dispose of the representation of the petitioner with speaking and reasoned
order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law expeditiously, say within a period of three months from the date of production of the certified copy of this order and also in the light of the judgments so referred after verifying the applicability whereof in the case of the present applicant . The decision on the representation shall be communicated to the petitioner forthwith. Writ petition is finally disposed of. . [Rajesh Singh Chauhan, J.]
Order Date :- 26.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench