MAHESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOUSING URBAN PLANNING GOVT. OF U.P. LKO. AND 5 OTHERS
WRIA/5353/2025 · 2025-05-16
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140117 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140117 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29014 Court No. - 3 Case :- WRIT - A No. - 5353 of 2025 Petitioner :- Mahesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Housing Urban Planning Govt. Of U.P. Lko. And 5 Others Counsel for Petitioner :- Vaibhav Srivastava Counsel for Respondent :- C.S.C.,Dharmendra Kumar Dixit Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Vaibhav Srivastava, learned counsel for the petitioner, Sri Pankaj Patel, learned Addl. C.S.C. for the opposite parties no. 1 and 2 and Sri Asit Chaturvedi, learend Senior Advocate assisted by Sri Dharmendra Kuamr Dixit,
learned counsel for the for the opposite parties no. 3 to 6. 2. By means of this petition the petitioner has prayed following relief :
"i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.5 to grant the benefits of regularization on the post of Clerk/Typist and its corresponding pay scale and also regular monthly salary and other consequential service benefits to the petitioner at par with his contemporaries on the basis of the relevant government orders (government order dated 18/08/2021) and Regularization Rules of 2016 issued to the said effect, expeditiously, within specified time. ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to count the services of the petitioner since the date of his initial appointment ie., 20/07/1996 for the purpose of regularization in service and its consequential benefits as well as for calculation of post- retiral benefits. iii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to consider the case of the petitioner by extending him the benefits of minimum of the pay scale from 20/10/2004 on the post on which he is working i.e., Clerk/Typist (Daily Wages), along with arrears and interest as applicable till the date of actual payment as is being paid to the similarly situated employees working on corresponding posts in the Authority and other similar Development Authorities, regularly and continuously including all other consequential benefits, expeditiously, within specified time."
3. Learned counsel for the petitioner has submitted that ends of justice would suffice if he is allowed to move a fresh representation before the opposite party no. 5 and the same may be directed to dispose it of with speaking and reasoned order within stipulated time. With the consent of parties the writ petition is disposed of finally at the admission stage. Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 15 days before the opposite party no. 5 i.e. Secretary, Raebareli Development Authority through its Vice Chairman, Indira Nagar, Raebareli taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents.
If such a representation is moved the opposite party concerned is directed to dispose of the representation of the petitioner with speaking and reasoned order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law expeditiously, say within a period of two months from the date of production of the certified copy of this order. The decision on the representation shall be communicated to the petitioner forthwith. Writ petition is finally disposed of. . [Rajesh Singh Chauhan, J.]
Order Date :- 16.5.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench