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2025 DAILYLAW 139273 (ALL)

GAURAV MISHRA AND 9 OTHERS v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY., ELECTION ANUBHAG LKO. AND 4 OTHERS

WRIA/5133/2025 · 2025-05-14

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28055 Court No. - 3 Case :- WRIT - A No. - 5133 of 2025 Petitioner :- Gaurav Mishra And 9 Others Respondent :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy., Election Anubhag Lko. And 4 Others Counsel for Petitioner :- Piyush Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Piyush Mishra, learned counsel for the petitioners and Sri Nitin Mathur, learned Addl. Chief Standing Counsel for the opposite parties No. 1 to 3. 2. In view of the proposed order, notice to opposite parties No. 4 & 5 is hereby dispensed with. 3. Learned counsel for the petitioners has filed supplementary affidavit enclosing therewith the documents showing the status of NIELIT and a copy of order dated 18.04.2017 passed by the High Court of Gujarat, whereby the Gujarat High Court has held that the writ petition against NIELIT is maintainable, same is taken on record. 4. By means of this petition, petitioners have prayed for following reliefs: "(i) issue, a writ order or direction in the nature of Mandamus commanding the respondent authority to pay honorarium to the petitioners on the post of Data Entry Operation @ Rs. 29,000/- per month w.e.f. 1.1.2024 in view of letter dated 29.12.2023 issued by the Joint Chief Election Commissioner considering the long services of petitioner on the post of Data Entry Operator. (ii) issue, a writ order or direction in the nature of Mandamus commanding the respondent authority to pay arrears of honorarium to the petitioners which is admissible in view of letter dated 29.12.2023 issued by the Joint Chief Election Commissioner w.e.f. 1.1.2024." 5. Learned counsel for the petitioners has submitted that for redressal of their grievance, the petitioners have preferred representation dated 26.04.2025 (Annexure No.12) to the competent authority but to no avail. He has further submitted that the petitioners are ready to prefer a fresh representation to the Competent Authority, therefore, they may be permitted to prefer a fresh representation to the opposite party No.5 i.e., Joint Director, National Institute of Electronics and Information Technology (NIELIT), Lucknow and a direction may be issued to him to consider and decide the said representation of the petitioners with expedition. 6. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 7. Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioners to prefer a fresh representation to the opposite party No.5 i.e., Joint Director, National Institute of Electronics and Information Technology (NIELIT), Lucknow ventilating their grievances taking all pleas and grounds which are available with them enclosing therewith the copy of their earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioners, if it is so required, with expedition preferably, within a period of three months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioners forthwith. 8. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 14.5.2025/Reena (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench