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2025 DAILYLAW 134106 (ALL)

ANIL KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. LKO. AND 3 OTHERS

WRIA/4063/2025 · 2025-04-16

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21378 Court No. - 3 Case :- WRIT - A No. - 4063 of 2025 Petitioner :- Anil Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 3 Others Counsel for Petitioner :- Shyam Narayan Shukla,Diwakar Pratap Pandey Counsel for Respondent :- C.S.C.,Akhilesh Kumar Srivastava Hon'ble Rajesh Singh Chauhan,J. Heard Sri Shyam Narayan Shukla, learned counsel for the petitioner, Sri Daya Shankar Tiwari, learned Additional Chief Standing Counsel for the opposite party no. 1 and Sri Akhilesh Kumar Srivastava, learned counsel for the opposite party nos. 2 to 4. By means of the instant petition, the petitioner has prayed the following reliefs:- "i) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties to decide the representation dated 02.04.2025 made to opposite party no.3 to grant the benefit of A.C.P dues as given to similarly situated persons like Arun Kumar Pandey Senior Clerk Gonda Depot vide order No. 2461 dated 15.07.2022 passed by Regional Manager Devipatan Region, Izhar Ahmad Driver Sultanpur Depot vide order No. 3808 dated 30.08.2024 passed by General Manager Karmik Nigam Headquarter Lucknow and Satya Narayan Singh Driver Akbarpur Depot vide order No. 7064 dated 23.01.2022 passed by General Manager Karmik Nigam Headquarter Lucknow In whose case their minor punishments (Censure Entry, recovery of financial loss caused to the corporation due to negligence and warning etc.) were ignored and stoppage of increments without future effect were not shifted which also comes under the category of minor punishments as per service rules, while providing the benefit of A.CP as per G.O. dated 22.04.2015 passed by Managing Director U.P.S.R.T.C. (Contained as Annexure No.8) preferred by the petitioner and if any dues is found admissible then the same shall be paid to the petitioner in the time bound manner. ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties to pay A.C.P. dues from the due date 01.12.2008 as given to similarly situated persons like Arun Kumar Pandey Senior Clerk Gonda Depot vide order No. 2461 dated 15.07.2022 passed by Regional Manager Devipatan Region, Izhar Ahmad Driver Sultanpur Depot vide order No. 3808 dated 30.08.2024 passed by General Manager Karmik Nigam Headquarter Lucknow and Satya Narayan Singh Driver Akbarpur Depot vide order No. 7064 dated 23.01.2022 passed by General Manager Karmik Nigam Headquarter Lucknow In whose case their minor punishments (Censure Entry, recovery of financial loss caused to the corporation due to negligence and warning etc.) were ignored and stoppage of increments without future effect were not shifted which also comes under the category of minor punishments as per service rules, while providing the benefit of A.CP as per G.O. dated 22.04.2015 passed by Managing Director with interest on delayed payment." Learned counsel for the petitioner has 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.4 i.e., Regional Manager, U.P. State Road Transport corporation Ayodhya and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 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.4 i.e., Regional Manager, U.P. State Road Transport corporation Ayodhya 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. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 16.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench