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2025 DAILYLAW 145973 (ALL)

VIRENDRA KUMAR SRIVASTAV v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDUCATION LKO. AND 4 OTHERS

WRIA/6811/2025 · 2025-06-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35290 Court No. - 2 Case :- WRIT - A No. - 6811 of 2025 Petitioner :- Virendra Kumar Srivastav Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And 4 Others Counsel for Petitioner :- Sivendra Kumar Srivastav,Sanjeev Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. The instant petition has been preferred seeking following main relief(s):- "(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to sanction the pension of the petitioner along with arrears by including the adhoc services rendered prior to his regularization, while computing the qualifying service, within stipulated period, as may be fixed by the Hon'ble Court. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities to take decision on the pension of the petitioner strictly in accordance with statutory rules and law laid down by this Hon'ble Court in case of State of U.P. and 2 Others Versus Surendra Singh, Special Appeal Defective No. 172 of 2023 on 20/04/2023, which has been recently affirmed by this Hon'ble Court vide its judgment dated 01.05.2025 passed in Special Appeal Defective No. 123 of 2025 ""State of U.P. Versus Shiv Kumar Shukla". Learned counsel for the petitioner has stated that justice would suffice if a direction is issued to the authority concerned to consider and decide the representation(s) dated 26.05.2025 and 05.06.2025 by way of a reasoned and speaking order. In view of the above, without going into the merits of the case, the writ petition is disposed of with a direction to the authorities concerned to consider and decide the representation(s) of the petitioner dated 26.05.2025 and 05.06.2025 after providing proper opportunity of hearing to the petitioner expeditiously say within a period of two months, in accordance with law including the judgment passed by this Court in Special Appeal Defective No. 172 of 2023 (State of U.P. And 2 Others vs. Surendra Singh And Another) and other connected matters decided on 20.04.2023. With the aforesaid, the writ petition is disposed of. Order Date :- 11.6.2025/Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench