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2025 DAILYLAW 139391 (ALL)

SMT. SAVITRI v. STATE OF U.P. THRU. SECY. URBAN DEVELOPMENT DEPTT. LKO AND 2 OTHERS

WRIA/5144/2025 · 2025-05-09

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27212 Court No. - 3 Case :- WRIT - A No. - 5144 of 2025 Petitioner :- Smt. Savitri Respondent :- State Of U.P. Thru. Secy. Urban Development Deptt. Lko And 2 Others Counsel for Petitioner :- Dheerendra Singh Counsel for Respondent :- C.S.C.,Anil Kumar Tripathi Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Kanhaiya Lal, learned counsel for the petitioner, Sri G.K. Singh, learned Standing Counsel for opposite parties No. 1, 2 & 4 and Shri Anil Kumar Tripathi, learned counsel for opposite party No.3. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) issue a writ, order or direction in the nature of MANDAMUS directing the Respondent no.3 i.e. Executive Officer, Nagar Palika Parishad, Gonda to reinstate the service of petitioner on her original post as 'Sweeper' in pursuance of correct date of birth i.e. 16.07.1968 of the petitioner. (ii) issue a writ, order or direction in the nature of MANDAMUS directing the Respondent no.3 i.e. Executive Officer, Nagar Palika Parishad, Gonda to consider and decide the grievance of the petitioner expeditiously within stipulated period as may be fixed by this Hon'ble Court." 3. Learned counsel for the petitioner has 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.3 i.e., Executive Officer, Nagar Palika Parishad, Gonda and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 4. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 5. 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 petitioner to prefer a fresh representation to the opposite party No.3 i.e.,Executive Officer, Nagar Palika Parishad, Gonda ventilating her grievance taking all pleas and grounds which are available with her enclosing therewith the copy of her 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 petitioner 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 petitioner, if it is so required, with expedition preferably, within a period of two months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 6. It is needless to say that since the petitioner is praying her post retiral dues and a retired employee has got no source of income except the post reital dues, therefore, if all the formalities are completed and there is no legal impediment, the payment of the aforesaid dues shall be given to the petitioner within the aforesaid stipulated time; failing which the petitioner may claim the interest on the delay payment. 7. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 9.5.2025/Reena (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench