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2025 DAILYLAW 134989 (ALL)

BANSHI LAL GUPTA v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. LKO. AND 3 OTHERS

WRIA/4240/2025 · 2025-04-21

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22256 Court No. - 3 Case :- WRIT - A No. - 4240 of 2025 Petitioner :- Banshi Lal Gupta 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.,Ratnesh Chandra Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Shyam Narayan Shukla, learned counsel for the petitioner, Shri Nitin Mathur, learned Additional Chief Standing Counsel for the State-respondents and Ms. Akshita Yadav, learned Advocate holding brief of Shri Ratnesth Chandra, learned counsel for the opposite party Nos.2, 3 & 4. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order order direction in the nature of mandamus directing the opposite party No.3 to decide the representation dated 27.03.2025 made to the 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 the Regional Manager, Devipatan Region, Izhar Ahmad, Driver Sultanpur Depot vide order No.3808 dated 30.08.2024 passed by the General Manager, Karmik, Nigam Headquarter, Lucknow and Satya Narayan Singh, Driver, Akbarpur Depot vide order No.7064 dated 23.01.2022 passed by the 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.C.P. as per G.O. dated 22.04.2015 passed by the Managing Director, U.P.S.R.T.C. (Contained as Annexure No.10) 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) to 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 i.e. 01.12.2008 as given to the similarly situated persons like Arun Kumar Pandey, Senior Clerk, Gonda Depot vide order No.2461 dated 15.07.2022 passed by the Regional Manager, Devipatan Region, Izhar Ahmad, Driver Sultanpur Depot vide order No.3808 dated 30.08.2024 passed by the General Manager, Karmik, Nigam Headquarter, Lucknow and Satya Narayan Singh, Driver, Akbarpur Depot vide order No.7064 dated 23.01.2025 in whose case their minor punishment (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.C.P. as per G.O. dated 22.04.2015 passed by the Managing Director with interest on delayed payment." 3. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred a representation dated 27.03.2025 to the opposite party No.3, but no 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 Competent Authority and direction may be issued him to consider and decide the said representation within a stipulated time. 5. Learned counsels appearing for the opposite parties have no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time. 6. 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.3 i.e. the General Manager (Personnel), Uttar Pradesh State Road Transport Corporation, Tehri Kothi, 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 two months 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. 7. In view of the aforesaid terms, the instant writ petition is disposed of finally. . [Rajesh Singh Chauhan,J.] Order Date :- 21.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench