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2025 DAILYLAW 141826 (ALL)

RAKESH CHOUDHARY v. STATE OF U.P. THRU. PRIN. SECY. AGRI. MARKETING AND EXPORT LKO AND 3 OTHERS

WRIA/5857/2025 · 2025-05-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34061 Court No. - 3 Case :- WRIT - A No. - 5857 of 2025 Petitioner :- Rakesh Choudhary Respondent :- State Of U.P. Thru. Prin. Secy. Agri. Marketing And Export Lko And 3 Others Counsel for Petitioner :- Ganga Singh Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra,Rajesh Kumar Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ganga Singh, learned counsel for the petitioner, Learned Standing Counsel for the opposite party nos. 1 and 2 and Sri Rajesh Kumar, Advocate who has filed his vakalatnama on behalf of opposite party nos. 3 and 4 and the same is taken on record. 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, commanding the opposite parties, more specifically the opposite party no. 4 to consider and provide benefit of pay fixation to the petitioner with effect from 01.01.2006, taking into account also the benefit for providing benefit of third A.C.P. on completion of 26 years of service on 03.10.2007, the benefit of which has also been provided by the opposite party no. 4 to the incumbents alike to the petitioner, details of which given in the Annexure enclosed with the representation of the petitioner, and ii) issue a writ, order or direction in the nature of mandamus, commanding the opposite parties to make payment of entire arrears accrued after fixation of the petitioner pay scale with effect from 01.01.2006 along with interest at the bank rate, and iii) issue a writ, order or direction in the nature of mandamus, commanding the opposite parties to consider and decide petitioner's representation, pending before them indispose." 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.4, i.e., Deputy Director (Administration)/Vipdan, Lucknow Division, U.P. Rajya Krishi Utpadan Mandi Samiti, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar 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.4, i.e., Deputy Director (Administration)/Vipdan, Lucknow Division, U.P. Rajya Krishi Utpadan Mandi Samiti, Kisan Mandi Bhawan, Vibhuti Khand, Gomti Nagar 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 :- 30.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench