KAUSHAL KISHOR SONKER v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. LKO. AND 3 OTHERS
WRIA/4675/2025 · 2025-04-29
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137146 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24380 Court No. - 3 Case :- WRIT - A No. - 4675 of 2025 Petitioner :- Kaushal Kishor Sonker 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 Sri Shyam Narayan Shukla, learned counsel for the petitioner, Sri R.K. Mishra, learned Addl. Chief Standing Counsel for the State-opposite party no.1 and Sri Taha Arif, holding brief of Sri Ratnesh Chandra, who has accepted notice for opposite parties no.2, 3 & 4. 2. By means of this petition, the petitioner has prayed following main reliefs:-
"i) Issue a writ, order or direction in the nature of Mandamus directing the opposite party no. 3 to decide the representation dated 25.03.2025 made to 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 Regional Manager Devipatan Region, Izhar Ahmad Driver Sultanpur Depot vide order No. 3808 dated 30.08.2024 passed by General Manager Karmik Nigam Headquarter Lucknow and Satya Narayan Singh Driver Akbarpur Depot vide order No. 7064 dated 23.01.2022 passed by 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.CP as per G.O. dated 22.04.2015 passed by Managing Director U.P.S.R.T.C.(Contained as Annexure No.11) 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) 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 Regional Manager Devipatan Region, Izhar Ahmad Driver Sultanpur Depot vide order No. 3808 dated 30.08.2024 passed by General Manager Karmik Nigam Headquarter Lucknow and Satya Narayan Singh Driver Akbarpur Depot vide order No. 7064 dated 23.01.2022 passed by 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.CP 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 the aforesaid grievance, the petitioner has preferred representation to the competent authority, but to no avail.
Learned counsel for the petitioner has also submitted that the petitioner may be permitted to prefer a fresh representation before opposite party no.3 and this Court may direct opposite party no.3 to pass appropriate order strictly in accordance with law.
4. Learned counsel for the opposite parties have no objection if direction for disposal of the representation is issued.
5. Therefore, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to opposite party no.3 i.e. General Manager (Personnel), Uttar Pradesh State Road Transport Corporation, Tehri Kothi, Lucknow taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this order within a period of fifteen days from today. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, with expedition, say within a period of two months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith.
6. With the aforesaid direction, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.]
Order Date :- 29.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench