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2025 DAILYLAW 131507 (ALL)

ALOK KUMAR SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. PERSONNEL GOVT. OF U.P. LKO. AND 4 OTHERS

WRIA/3565/2025 · 2025-04-09

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19869 Court No. - 3 Case :- WRIT - A No. - 3565 of 2025 Petitioner :- Alok Kumar Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Personnel Govt. Of U.P. Lko. And 4 Others Counsel for Petitioner :- Yogeshwar Sharan Srivastava,Prashant Tiwari Counsel for Respondent :- C.S.C.,Arvind Kumar Tiwari Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Yogeshwar Sharan Srivastava, learned counsel for the petitioner, Sri Brijendra Singh, learned Addl. Chief Standing Counsel for opposite parties No. 1 & 2 and Sri Arvind Kumar Tiwari, learned counsel for opposite parties No. 3 to 5. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of Mandamus thereby directing the Executive Officer of Bhinga, Districti Shrawasti i.e. the respondent No.3 to remit the salary of the petitioner (from December, 2017 to February, 2020) and (From July, 2024 to February 2025) in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus directing thereby the respondent No.4 to decide the representation of the petitioner dated 29.07.2024, which is pending for consideration, in the interest of justice." 3. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 29.07.2024 (Annexure No.1) to the competent authority but to no avail. He 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.3 i.e., Executive Officer, Nagar Palika Parishad, Bhinga, District Shrawasti and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 4. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 5. Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.3 i.e., Executive Officer, Nagar Palika Parishad, Bhinga, District Shrawasti ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of two months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 6. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 9.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench