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2025 DAILYLAW 141245 (ALL)

AMIT SHARMA v. STATE OF U.P. THROUGH ITS SECY. PANCHAYAT RAJ DEPTT. and ORS.

WRIA/5815/2012 · 2025-01-31

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6907 Court No. - 5 Case :- WRIT - A No. - 5815 of 2012 Petitioner :- Amit Sharma Respondent :- State Of U.P. Through Its Secy. Panchayat Raj Deptt. And Ors. Counsel for Petitioner :- S.P. Singh,R.P. Singh Counsel for Respondent :- C.S.C.,Mohan Singh,R.N. Gupta Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of respondents No.1 to 3 and Shri Mohan Singh, learned counsel appearing on behalf of respondents No.4. 2. With the consent of learned counsels for the contesting parties, the writ petition is being finally disposed of. 3. Under challenge is the order dated 28.08.2012, a copy of which is annexure 1 to the petition, whereby the contractual services of the petitioner, who was working as Gram Rozgar Sevak, had been terminated. 4. Placing reliance on the Government Order dated 23.11.2007, a copy of which is annexure 2 to the petition, the contention is that the said government order categorically provides in Clause 4(Cha) that contractual services of Gram Rozgar Sevak can be terminated either by giving prior one month's notice or by giving month's honorarium but prior to the termination of the services of the petitioner vide the order impugned, neither a notice of one month nor one month's honorarium was given to the petitioner which thus vitiates the order impugned. 5. Learned counsel for the petitioner after arguing the matter at some length prays that in this regard he may be permitted to submit a comprehensive representation to the respondent No.4 for redressal of his grievances and the respondent No.4 be directed to consider the same in accordance with law within a specified time to which learned counsels for the respondents have no objection. 6. Accordingly, liberty is granted to the petitioner to submit a comprehensive representation for the redressal of his grievances pertaining to his grievance within a period of two weeks from today before the respondent no.4, who may consider the grievance of the petitioner in accordance with rules and shall endeavour to decide the representation by means of a reasoned and speaking order in accordance with law and relevant rules within a further period of four weeks from the date of submission of the representation along with the certified copy of this order. 7. With the aforesaid direction, the writ petition is disposed of. 8. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner. Order Date :- 31.1.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench