SATENDRA KUMAR GUPTA AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. P.W.D. LKO AND 4 OTHERS
WRIA/3893/2025 · 2025-04-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132662 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132662 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20477 Court No. - 18 Case :- WRIT - A No. - 3893 of 2025 Petitioner :- Satendra Kumar Gupta And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. P.W.D. Lko And 4 Others Counsel for Petitioner :- Vireandra Kumar Pandey,Prabhat Kumar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. The learned Additional Chief Standing Counsel has raised an objection regarding the maintainability of the writ petition. It is submitted that petitioners no. 1 to 3 are serving government officers, and therefore, the prayer made in the petition for issuing a writ of mandamus directing the opposite parties to pay pension to them along with the arrears is premature and cannot be granted. It has been submitted by the learned counsel for the petitioner that the petitioner no. 4 is the son of the deceased Shri Pal, a government servant. Per contra, learned Additional Chief Standing Counsel submitted that there is no averment regarding petitioner no. 4 in the entire petition. At this stage, the learned counsel for the petitioner prays that he may be permitted to withdraw this petition qua the petitioner no.4. with liberty to file afresh. Perused the record. So far as petitioners nos. 1, 2, and 3 are concerned, the submission advanced by the learned Additional Chief Standing Counsel has merit. The petition is premature, as the cause of action for petitioners no. 1 to 3 will arise only after their retirement. At this stage, no writ of mandamus can be issued at the instance of petitioners no. 1 to 3, as the petition is premature and is therefore, dismissed. So far as petitioner no. 4 is concerned, the petition is dismissed
as withdrawn with liberty to file afresh. Order Date :- 10.4.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench