DR. PAVAN KUMAR TRIPATHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF TECHNICAL EDUCATION LKO. AND 4 OTHERS
WRIA/3359/2025 · 2025-04-02
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130778 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130778 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18234 Court No. - 3 Case :- WRIT - A No. - 3359 of 2025 Petitioner :- Dr. Pavan Kumar Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education Lko. And 4 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi Hon'ble Rajesh Singh Chauhan,J. Heard Sri Ajay Pratap Singh- II, learned counsel for the petitioner, Sri Pankaj Patel, learned Addl. C.S.C. for the opposite party no. 1 and Mrs. Aditi Tripathi who has filed 'Vakalatnama' on behalf of opposite parties no. 2 to 5, same is taken on record. By means of this petition the petitioner has prayed following relief :
"(i) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to calculate the temporary / contractual services of the petitioner with effect from 29.7.2000 till date for the purpose of computation as a qualifying services for grant of pension, in the interest of justice. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 i.e. State Government to take decision on the recommendation dated 18.1.2020, 11.1.2018 and 11.12.2017 taken by the Executive Council of the university (Contained as Annexure No. 1 , 2 and 3 respectively to this writ petition) within a period of 15 days."
Learned counsel for the petitioner has submitted that appropriate decision would be taken by the opposite party no. 1 on the recommendation dated 18.1.2020, 11.1.2018 and 11.12.2017 but no decision has been taken till date. He has submitted that the direction may be issued to the opposite party no. 1 to take appropriate decision on the aforesaid recommendations. He has further submitted that the liberty may be given to the petitioner to prefer a fresh representation to opposite party no. 1 and direction may be issued to decide the same with expedition. Sri Pankaj Patel, learned Addl. C.S.C. has stated that if the liberty is given to the petitioner to prefer a fresh representation to the opposite party no. 1 he would have no objection but if any decision has already been taken, the same would be intimated to the petitioner. Having heard learned counsel for the parties and having perused the material available on record, I hereby dispose of this petition at the admission stage, without entering into the merits of the issue giving liberty to the petitioner to prefer a fresh representation to opposite party no. 1 i.e. Additional Chief Secretary / Principal Secretary, Department of Technical Education, Government of U.P., Lucknow within a period of 15 days taking all pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite
party no. 1 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 six weeks from the date of production of the certified copy of this order. It is made clear that if any decision has already been taken by the opposite party no. 1, the same would be intimated to the petitioner. The decision on the representation shall be communicated to the petitioner forthwith. Accordingly, writ petition is finally disposed of. . [Rajesh Singh Chauhan, J.]
Order Date :- 2.4.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench