RADHEY SHYAM SHARMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOUSING AND URBAN PLANNING DEPTT. LKO. AND ANOTHER
WRIA/3620/2025 · 2025-04-08
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132149 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19817
Court No. - 3 Case :- WRIT - A No. - 3620 of 2025 Petitioner :- Radhey Shyam Sharma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning Deptt. Lko. And Another Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar Counsel for Respondent :- C.S.C.,Virendra Mishra Hon'ble Rajesh Singh Chauhan,J. Heard Sri Birendra Kumar Yadav, learned counsel for the petitioner, Dr. Udai Veer Singh, learned Addl. C.S.C. for opposite party no. 1 and Sri Virendra Mishra, learned counsel for the opposite party no. 2. By means of this petition the petitioner has prayed following relief :
"i. To issue, writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to pay the arrears of salary and arrears of enhance pension in terms of the Order dated 20.12.2023 passed by the Opposite Parties contain as Annexure no- 4 to the writ petition along-with interest on delay payment of dues @12% from the due date till the date of actual payment with all consequential benefits along with interest. 2) To issue, writ, order or direction in the nature of Mandamus commanding the opposite parties to dispose off the representation of the petitioner dated 20.01.2025 contained as Annexure no-5 to the writ petition thereby requesting for payment of arrears of salary and arrears of enhance pension in terms of the Order dated 20.12.2023 within a reasonable period and during the pendency of the above noted writ petition in the interest of justice."
Learned counsel for the petitioner has submitted that ends of justice would suffice if he is allowed to move a fresh representation before the opposite party no. 2 and the same may be directed to dispose it of with speaking and reasoned order within stipulated time.
With the consent of parties the writ petition is disposed of finally at the admission stage. Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 15 days before the opposite party no. 2 i.e. Vice Chairman, Ghaziabad Development Authority, Ghaziabad 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 one month from the date of production of the certified copy of this order. The decision on the representation shall be communicated to the petitioner forthwith.Since the State Government has passed order dated 20.12.2023 (Annexure no. 3) directing the respondent no. 2 to take appropriate decision in the case of the petitioner, therefore, it is expected that the appropriate decision be taken in the case of the petitioner within aforesaid stipulated time. Writ petition is finally disposed of.
Order Date :- 8.4.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench