PANKAJ SRIVASTAVA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT LKO. AND 3 OTHERS
WRIA/3323/2025 · 2025-03-27
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130333 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130333 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17631 Court No. - 3 Case :- WRIT - A No. - 3323 of 2025 Petitioner :- Pankaj Srivastava And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 3 Others Counsel for Petitioner :- Jitendra Singh,Kumud Kumar Counsel for Respondent :- C.S.C.,Pankaj Patel,Shanker Lal Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Jitendra Singh, learned counsel for the petitioners, Sri P.K. Singh, learned Addl. C.S.C. for the opposite party no. 1, Sri Pankaj Patel, learned counsel for the opposite parties no. 3 and 4 and Sri Shankar lal, learned counsel for opposite party no. 2. 2. By means of this petition the petitioners have prayed following relief :
"i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties 3 and 4 to make payment of benefit of promotion pay scales on completion of 19 years and 24 years with arrears from the date the petitioners have completed 19 years and 24 years, with interest and with all consequential benefits. (ii) Issue a writ order or direction in the nature of mandamus. commanding the opposite parties to gave the petitioners No.1 to 3 HRA etc. arrear of leave encashment, employers contribution and CCA. i) Issue a writ order or direction in the nature of Mandamus directing the opposite party No.3 and 4 recalculated the Gratuity admissible to the petitioners on last pay drawn and make the payment of difference of Gratuity, with 6% interest from the date it falls due till the date of actual payment to the petitioner Nos. 1 to 3."
3. Learned counsel for the petitioners has submitted that the petitioner no. 4 is still in service, therefore, he may not claim prayer no. 2 and 3 at this stage but prayer no. 1 may be allowed to him. For other petitioners the aforesaid prayers may be considered. He has further submitted that the appropriate decision may be taken by the opposite party no. 4 . 4. With the consent of parties the writ petition is disposed of finally at the admission stage. 5. Without entering into the merits of the issue, the petitioners are permitted to move separate fresh representations within 15 days before the opposite party no. 4 i.e. General Manager, Lucknow Producers Cooperative Milk Union Ltd., Lucknow enclosing their earlier representations, if any, along with all relevant documents.
If such a representation is moved the competent authority concerned is directed to dispose of the
representations of the petitioners with speaking and reasoned
order, 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.
6. In case petitioners are found entitled for aforesaid benefits, actual payment thereof shall be ensured within a period of three months thereafter. The concerned authority may also consider the aspect of payment of interest to petitioners.
7. The competent authority shall communicate the decision on the representation to the petitioners forthwith.
8. Writ petition is finally disposed of. . [Rajesh Singh Chauhan, J.]
Order Date :- 27.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench