AWADH PRAKASH SHRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF SECONDARY EDUCATION LKO. AND 7 OTHERS
WRIA/3848/2025 · 2025-04-11
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133095 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133095 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20669 Court No. - 3 Case :- WRIT - A No. - 3848 of 2025 Petitioner :- Awadh Prakash Shrivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Secondary Education Lko. And 7 Others Counsel for Petitioner :- Sanjay Kumar Singh,Shakshi Verma Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Dr. Sanjay Kumar Singh, learned counsel for the petitioner and Dr. Uday Veer Singh, learned Additional Chief Standing Counsel for the State-respondents. 2. In view of the proposed order, the notices to opposite party Nos.7 & 8 are hereby dispensed with. 3. 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 and directing to the opposite party No.2 i.e. the Director, Secondary Education, U.P., Lucknow to provide the benefit of old pension scheme to the petitioner for the service rendered as regular Principal in aided Inter College since 22.02.2010 upto 31.03.2025 keeping in mind the Government Order dated 28.06.2024 as well as reckoning his service as Lecturer on ad-hoc basis since 03.04.1993 to 21.02.2010 in aided Inter College. (II) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite party No.2 i.e. the Director, Secondary Education, U.P., Lucknow to consider the representation of the petitioner dated 20.03.2025, vide Annexure No.9 of the writ petition."
4. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 20.03.2025 to the authority concerned, but no decision has been taken on the same till date. 5. Learned counsel for the petitioner 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 representations to the Competent Authority and direction may be issued him/ her to consider and decide the said representation within a stipulated time. 6. Learned Additional Chief Standing Counsel has stated that he
has no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time. 7.
In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the Director, Secondary Education, U.P., Lucknow taking all pleas and grounds which are available with him annexing therewith copy of his earlier representation, if any, and the relevant documents in support of his claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition say 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.
8. In view of the aforesaid terms, the instant writ petition is
disposed of finally. . [Rajesh Singh Chauhan,J.]
Order Date :- 11.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench