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2025 DAILYLAW 134534 (ALL)

RAM SHABD TIWARI v. STATE OF U.P. THRU. PRIN. SECY. PUBLIC WORKS DEPTT. LKO. AND 3 OTHERS

WRIA/4154/2025 · 2025-04-17

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21820 Court No. - 3 Case :- WRIT - A No. - 4154 of 2025 Petitioner :- Ram Shabd Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Public Works Deptt. Lko. And 3 Others Counsel for Petitioner :- Rahul Roshan Dubey Counsel for Respondent :- C.S.C.,Ninnie Shrivastava Hon'ble Rajesh Singh Chauhan,J. Heard Sri Rahul Roshan Dubey, learned counsel for the petitioner, Sri Nitin Mathur, learned Additional Chief Standing Counsel for opposite party no. 1 and Ms. Ninnie Shrivastava, learned counsel for opposite party no. 2, 3 and 4. By means of this petition, the petitioner has prayed the following relief:- "a- Issue a writ order or direction in the nature of certiorari quashing the order dated 10-02-2025 passed by opp. party no-3, as contained in Annexure No.2 to this writ petition. b- Issue a writ order or direction in the nature of mandamus directing the opp. Parties to provide living allowance from the period of 07-05-2024 to 04-06-2024 and 21-09- 2024 to till date i.e. 09-04-2025 and salary for the period of 05-06-2024 to 20-09-24 (approx. 4 months) and regular medical allowance till Month of April 2024, to meets the ends of justice." At the very outset, learned counsel for the petitioner has stated that the impugned order dated 10.02.2025 has been passed for the reason that for getting the dues as has been indicated in the prayer, the petitioner could not fulfill the required formalities which have been indicated in paragraph 12 of the impugned order. Since, the petitioner is in jail and the deponent of the present petition is the son of the petitioner who has requested that he shall complete all required formalities which are necessary to provide the dues, therefore, some reasonable time may be given to the deponent of the petition, i.e., the son of the petitioner to complete those formalities, and if the formalities are completed as per the satisfaction of the competent authority, i.e., Managing Director, the dues may be paid strictly in accordance with law. Therefore, learned counsel for the petitioner has stated that he is not assailing the order dated 10.02.2025, which has been annexed as annexure no. 2. Therefore, having considered the submission of the learned counsel for the petitioner, without entering into the merits of the issue and without interfering the impugned order dated 10.02.2025 (annexure no. 2), I hereby dispose of this petition finally at the admission stage giving liberty to the son of the petitioner who is deponent of the writ petition to fulfill and complete all required formality strictly in accordance with law, preferably within a period of three weeks and if the competent authority is satisfied that such formalities have been completed, the appropriate decision may be taken on prayer (b) of the petitioner. The appropriate representation may be preferred by the deponent of the writ petition, i.e., the son of the petitioner before the Managing Director within a period of two weeks and the petitioner may be intimated to fulfill/complete the formalities which are required under the law and if such payment may be given to the son of the petitioner as per law, appropriate decision may be taken by the Managing Director, i.e., opposite party no. 3 within a period of three months thereafter. Accordingly, the writ petition is disposed off. Order Date :- 17.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench