SHYAM SUNDER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LABOUR DEPTT. LKO. AND ANOTHER
/8691/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155676 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155676 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45250 Court No. - 8 Case :- WRIT - A No. - 8691 of 2025 Petitioner :- Shyam Sunder Respondent :- State Of U.P. Thru. Addl. Chief Secy. Labour Deptt. Lko. And Another Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed seeking the following prayers:-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to extend the benefit of Clause 3.4 of the Government Order dated 06.05.2022, and to reconsider the petitioner for promotion to the post of Assistant Labour Commissioner from the date on which his juniors were promoted ignoring the affect of minor punishment dated 10.08.2023, with all consequential service benefits; ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to dispose of pending appeal of the petitioner dated 04.11.2023 against the minor punishment order dated 10.08.2023 and representation dated 02.07.2025 for remaining salary of suspension period and consideration for promotion from the date of junior ignoring the affect of minor punishment dated 10.08.2023 in terms of government
order dated 06.05.2022 and pass reasoned and speaking order during the pendency of the writ petition. iii. Issue a writ, order or direction in the nature of Certiorari quashing the punishment order dated 10.08.2023 contained in annexure number 08, being arbitrary, disproportionate, passed without application of mind, and in violation of the law laid down by the Hon'ble Supreme Court in Union of India vs. J. Ahmed, AIR 1979 SC 1022, as well as by this Hon'ble Court in State of U.P. vs. Rajmani Mishra, 2018 (LCD) 644, and Ashu Nandan Singh vs. State of U.P., 2007 (2) LBESR 494 (All);..."
3. With regard to prayer no.1, liberty is granted to petitioner to file a fresh representation before opposite party no.1 i.e. Additional Chief Secretary, Labour Department, Government of U.P., Civil Secretariat, Lucknow or any other competent authority who shall consider and decide the same within a period of eight weeks from the date a certified copy of this
order is produced before the said authority.
4. With regard to prayer no.2, the opposite party no.1 shall also
consider and decide the pending appeal of petitioner expeditiously within a period of six weeks from the date a certified copy of this order is produced before the said authority. Petitioner shall annex a copy of the memorandum of appeal against the punishment order alongwith a certified copy of this order.
5. With aforesaid directions, petition stands disposed of.
Order Date :- 5.8.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench