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2025 DAILYLAW 134257 (ALL)

DR. SYED ATHAR HASAN RIZVI AND 7 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HIGHER EDU. LKO. AND 4 OTHERS

WRIA/4110/2025 · 2025-04-17

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21680 Court No. - 3 Case :- WRIT - A No. - 4110 of 2025 Petitioner :- Dr. Syed Athar Hasan Rizvi And 7 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Higher Edu. Lko. And 4 Others Counsel for Petitioner :- Pawan Kumar Misra,Alina Masoodi,Suryansh Singh Suryavanshi,Wali Nawaz Khan Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Pawan Kumar Mishra, learned counsel for the petitioner and Sri Pankaj Patel, learned Addl. C.S.C. for the opposite parties no. 1 to 3. In view of the proposed order notice to opposite parties no. 4 and 5 are dispensed with. By means of this petition the petitioner has prayed following relief : "I. To issue a writ, order or direction in the nature of Mandamus commanding the Respondents to grant notional Increment in the manner as stipulated under clause 9 and 10 of the G.O. dated 02.11.2017 which was duly adopted by the Government of Uttar Pradesh vide G.O. dated 13.09.2018. II. To Issue a writ, order or direction in the nature of Mandamus commanding the Respondents to grant interest at the rate of 12% p.a. from the date when the notional increment was due upon promotion of the Petitioners till the date of actual payment thereof." 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. 1 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. 1 i.e. Additional Chief Secretary / Principal Secretary, Department of Higher Education, Uchcha Shiksha Anubhag, U.P., Lucknow 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 ten weeks from the date of production of the certified copy of this order. The decision on the representation shall be communicated to the petitioner forthwith. Writ petition is finally disposed of. Order Date :- 17.4.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench