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2025 DAILYLAW 156816 (ALL)

BANSHI LAL v. STATE OF U.P. THRU. PRIN. SECY. KRISHI VIPRAN AND VIDESH VYAPAR ANUBHAG-1, LKO. AND 2 OTHERS

WRIA/8898/2025 · 2025-08-08

Manish Mathur

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46574 Court No. - 8 Case :- WRIT - A No. - 8898 of 2025 Petitioner :- Banshi Lal Respondent :- State Of U.P. Thru. Prin. Secy. Krishi Vipran And Videsh Vyapar Anubhag-1, Lko. And 2 Others Counsel for Petitioner :- Akhilesh Pratap Singh,Kushagra Kanodia Counsel for Respondent :- C.S.C.,Surendra Kumar Singh Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite party no.1 while power on behalf of opposite parties no. 2 & 3 has been filed by Mr. Avinash Chandra, Advocate, which is taken on record. 2. Petition has been filed seeking following reliefs:- "i. Issue a writ of Mandamus directing Opposite Party No. 2 to re-fix the Petitioner's salary by granting the benefit of Selection Grade w.e.f. 01.02.1996 and Personal Pay Scale w.e.f. 10.02.2002, and to revise all consequential retiral benefits including pension, leave encashment, and gratuity, along with interest @12% per annum on delayed payments, in light of the judgment dated 14.01.2020 in Writ A No. 6654 of 2018 Birendra Bahadur Singh v. State of U.P. and Others; ii. Issue a writ of Mandamus directing Opposite Party No. 2 to recalculate and pay gratuity to the Petitioner in accordance with the Payment of Gratuity Act, 1972, read with Regulation 47(4) of the U.P. Krishi Utpadan Mandi Parishad (Centralised) Service Regulations, 1984, along with interest @12% per annum, as held in Writ-C No. 24841 of 2016-Krishi Utpadan Mandi Samiti v. Appellate Authority and Others, decided on 27.04.2017;....." 3. Since consideration of petitioner's grievance would entail factual aspects, liberty is granted to petitioner to file a fresh representation before the opposite party no.3 i.e. Deputy Director, Rajya Krishi Utpadan Mandi Parishad, Prayagraj who shall consider and decide the same expeditiously within a period of eight weeks from the date a certified copy of this order is produced before the said authority. 4. With aforesaid directions, petition stands disposed of. Order Date :- 8.8.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench