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2025 DAILYLAW 138463 (ALL)

SHARAFAT ALI v. STATE OF U.P. THRU. SECRETARY , BASIC EDU. LUCKNOW AND 4 OTHERS

WRIA/5004/2025 · 2025-05-06

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26377 Court No. - 3 Case :- WRIT - A No. - 5004 of 2025 Petitioner :- Sharafat Ali Respondent :- State Of U.P. Thru. Secretary , Basic Edu. Lucknow And 4 Others Counsel for Petitioner :- Dharm Raj Mishra Counsel for Respondent :- C.S.C.,Ran Vijay Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Dharm Raj Mishra, learned counsel for the petitioner, Sri Daya Shanker Tiwari, learned Additional Chief Standing Counsel for the State-opposite party Nos.1, 2 & 5 and Sri Ran Vijay Singh, learned counsel for the opposite party Nos.3 & 4. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of certiorari for quashing the impugned part of the Government Order dated 11th June, 2014 issued by the opposite party No.1 contained as Annexure No.8 to this writ petition. (ii) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to sanction and grant pension under Old Pension Scheme from due date along with the arrears and interest admissible under the law to the petitioner." 3. Learned counsel for the petitioner has stated that the petitioner may be permitted to not press the Prayer No.(i) of the writ petition at this stage seeking liberty to challenge the same, if it is so needed. He has further submitted that the opposite party No.1 may take appropriate decision in respect of Prayer No.(ii) of the writ petition, for which, the petitioner has already preferred representation. 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 opposite party No.1 i.e. the Secretary, Basic Education, Government of U.P., Civil Secretariat, Lucknow and the direction may be issued him to consider and decide the said representation of the petitioner with expedition. 5. Learned Additional Chief Standing Counsel has no objection if direction for disposal of the said representation is issued. 6. Therefore, 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.1 i.e. the Secretary, Basic Education, Government of U.P., Civil Secretariat, Lucknow taking all pleas and grounds which are available with him for disposal of the representation 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 preferably 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. It is needless to say that since the Prayer No.(i) of the writ petition has not been pressed at this stage, therefore, if the petitioner is aggrieved from the Government Order dated 11.06.2014, he may challenge the same before the competent court of law. 8. In view of the aforesaid terms, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 6.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench