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2025 DAILYLAW 136181 (ALL)

DINKAR DUBEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF BASIC EDU. LKO. AND 3 OTHERS

WRIA/4467/2025 · 2025-07-17

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40805 Court No. - 5 Case :- WRIT - A No. - 4467 of 2025 Petitioner :- Dinkar Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Edu. Lko. And 3 Others Counsel for Petitioner :- Vinay Tripathi,Uma Kant Mishra Counsel for Respondent :- C.S.C.,Pradeep Tiwari,Ran Vijay Singh Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, Sri Daya Shanker Tiwari, learned Additional Chief Standing Counsel appearing for the respondents no. 1 and 2 and Sri Ravi Prakash Yadav, Advocate holding brief of Sri Pradeep Tiwari, learned counsel appearing for the respondent no. 4. Notice on behalf of the respondent no. 3 has been accepted by Sri Ran Vijay Singh, Advocate. With the consent of learned counsel for the parties, the instant writ petition is being finally decided. Contention of learned counsel for the petitioner is that despite the petitioner having been appointed on compassionate grounds on 20.08.2004, the respondents are not allowing the benefit of the General Provident Fund scheme to the petitioner and also not allowing the Old Pension Scheme as per provisions of the Uttar Pradesh Retirement Benefits Rules, 1961. Learned counsel for the petitioner submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent No.3 which may be directed to be decided within a fixed time frame to which Sri Daya Shanker Tiwari, learned Additional Chief Standing Counsel appearing for the respondents no. 1 and 2 and Sri Ravi Prakash Yadav, Advocate holding brief of Sri Pradeep Tiwari, learned counsel appearing for the respondent no. 4 have no objection. In view of the above, it is provided that in case the petitioner submits a representation within ten days from today before the respondent No.3 then the respondent No.3 shall endevour to decide the same by means of a reasoned and speaking order within a further period of three months from the date of receipt of a certified copy of this order along with representation. With the aforesaid direction, writ petition is disposed of. It is made clear that this Court has not gone into the merits of the case. Order Date :- 17.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench