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2025 DAILYLAW 140781 (ALL)

MOHD. MOIN KIDWAI v. STATE OF U.P. THRU. PRIN. SECY. HOUSING AND URBAN PLANNING LKO AND 3 OTHERS

WRIA/5615/2025 · 2025-05-21

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30209 Court No. - 3 Case :- WRIT - A No. - 5615 of 2025 Petitioner :- Mohd. Moin Kidwai Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Lko And 3 Others Counsel for Petitioner :- Anoop Srivastava Counsel for Respondent :- C.S.C.,Sampurna Nand Shukla Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Anoop Srivastava, learned counsel for the petitioner, Shri Piyush Kumar, learned Standing Counsel for State -respondent and Shri Ayush Tripathi, Advocate holding brief of Sri Sampurna Nand Shukla, learned counsel for opposite parties No. 2 to 4. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- " Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to calculate the service of the petitioner since the date of his initial appointment as a Clerk on daily wager basis for the purpose of counting qualifying service for the entitlement of pensionary benefits and also provide all the pensionary benefits including the pension to the petitioner. " 3. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 08.10.2024 (Annexure No. 10) to the competent authority but to no avail. He 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.3 i.e. Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow 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. Housing Commissioner, U.P. Awas Evam Vikas Parishad, Lucknow ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his 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. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 21.5.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench