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2025 DAILYLAW 130426 (ALL)

AJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF URBAN DEVELOPMENT U.P. LKO. AND ANOTHER

WRIA/3319/2025 · 2025-03-27

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17594 Court No. - 3 Case :- WRIT - A No. - 3319 of 2025 Petitioner :- Ajay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development U.P. Lko. And Another Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajay Kumar, the petitioner who appears in person and Sri Devesh Pathak, learned Additional Chief Standing Counsel for the State-respondents. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of mandamus thereby commanding the Principal Secretary, Department of Urban Development, Government of U.P., Lucknow, respondent No.1, to consider admissibility of Assured Career Progression (ACP) to the petitioner and grant the same to him. (ii) to issue a writ, order or direction of appropriate nature thereby commanding the respondents to pay the consequential in-service monetary benefits of the arrears of the difference of salary and all other allowances such as transfer/ travel allowances etc., which are accrued during the petitioner's service consequent to the sanction of ACP which are admissible to the petitioner during his in-service tenure from 10.08.2016 till his retirement on 30.11.2022. (iii) to issue a writ of mandamus commanding the Director, Local Bodies, U.P., Lucknow, respondent No.2 to revise the pension of the petitioner based on the elevated last pay consequent to the sanction of ACP. (iv) to issue a writ, order or direction of appropriate nature thereby commanding the respondents to pay the consequential monetary benefits of the arrears of the difference in the post retiral benefits, such as his pension, gratuity, leave encashment, last travel allowance, and other post- retiral benefits admissible to the petitioner, with effect from 01.12.2022. (v) to issue a writ, order or direction of appropriate nature directing the respondents to pay interest @ 12% on all overdue payments to the petitioner which have been withheld with malafide intentions without any justification and without any rhyme and reason, in a most arbitrary and illegal manner by the respondents." 3. The petitioner has stated that the aforesaid admissible dues have not been paid to him, whereas he retired on 30.11.2022 from the post of Chief Audit Officer/ Mukhya Nagar Lekha Parikshak. After his retirement, he has been approaching the Competnet Authority i.e. the opposite party Nos. 1 and 2 preferring representations, but to no avail. 4. Having considered the submission of the petitioner, without entering into merits of the issue, the liberty is given to the petitioner to prefer a fresh representation to both the opposite parties ventilating his grievance taking all pleas and grounds which are available with him annexing therewith relevant documents which are necessary for disposal of such representation within a period of fifteen days from today and if such representation is preferred by the petitioner, the same shall be considered and diposed of by both the opposite parties, strictly in accordance with law by speaking and reasoned order with expedition preferably within a period of ten weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 5. It is needless to say that if the aforesaid dues are admissible and there is no legal impediment to that effect, the payment thereof shall be made to the petitioner within the aforesaid period. While making payment of the aforesaid dues, the demand of the petitioner for interest may also be considered, strictly in accordance with law. 6. Accordingly, the instant writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 27.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench