BAKESVARI PATHAK v. STATE U.P. THROUGH COMMISSIONER DEVI PATAN MANDAL and ORS 3.
WRIA/1426/2001 · 2025-04-09
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134205 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20097 Court No. - 28 Case :- WRIT - A No. - 1426 of 2001 Petitioner :- Bakesvari Pathak Respondent :- State U.P. Through Commissioner Devi Patan Mandal And Ors 3. Counsel for Petitioner :- O.P. Pandey,G.P.Mishra,Mayankar Singh,Pt. S. Chandra Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J. (C.M. Application No.AI/10 of 2023 and IA/11 of 2023)
1. Heard Shri Ankit Pande, learned counsel for the petitioner/applicant, learned Standing Counsel for the respondents and perused the record.
2. These are application for condonation of delay in filing recall application and application for recall of order dated 16.12.2016.
3. The cause shown in the affidavit filed in support of these applications is sufficient.
4. Accordingly, the applications are allowed and the delay in filing recall application is condoned.
5. The order dated 16.12.2016 is hereby recalled and the writ petition is restored to its original number.
Order on the Petition
1. Heard Shri Ankit Pande, learned counsel for the petitioner and learned Standing Counsel for the respondents as well as perused the record.
2. By means of the present writ petition, the petitioner has sought a direction in the nature of mandamus commanding the respondent no.2 to pay his salary for period w.e.f. 01.06.1998 to 21.06.2000 and also to direct the respondent no.2 to reinstate his services in the department.
3. Learned counsel for the petitioner has submitted that for redressal of his grievance the petitioner has preferred representation dated 24.07.2000 to the opposite party No.2, which has been annexed as Annexure No.5 to the writ petition, but no appropriate decision has been taken on the same till date.
4. 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 representation to the opposite party No.2 i.e. the Chief Development Officer, Vikas Bhawan, Gonda and the direction may be issued him to consider and decide the said representation of the petitioner with expedition.
5. Learned counsel for the respondents has no objection if direction for disposal of the said representation is issued.
6. In view of the above, without entering into merits of the issue, the instant writ petition is disposed of finally permitting the petitioner to prefer a fresh representation to the respondent mo.2 i.e. the Chief Development Officer, Vikas Bhawan, Gonda taking all the pleas and grounds, which are available to him for disposal of the representation annexing therewith copy of 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, preferably within a period of four weeks from the date of presentation of a certified/computerized copy of this order along with representation. The decision, so taken on the representation of the petitioner, be intimated to the petitioner forthwith. (Brij Raj Singh,J.)
Order Date :- 9.4.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench