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2025 DAILYLAW 157256 (ALL)

SHIV PRADEEP MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. LAW AND JUSTICE LKO. AND 3 OTHERS

WRIA/9010/2025 · 2025-08-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46787 Court No. - 8 Case :- WRIT - A No. - 9010 of 2025 Petitioner :- Shiv Pradeep Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Law And Justice Lko. And 3 Others Counsel for Petitioner :- Anuj Dayal,Sri Krishana Tripathi Counsel for Respondent :- C.S.C.,Gaurav Mehrotra Hon'ble Manish Mathur,J. 1. Heard Shri Anuj Dayal, learned counsel for the petitioners and Ms. Alena Masoodi, Advocate holding brief of Shri Gaurav Mehrotra, learned counsel for the opposite parties. 2. This petition has been filed with the following main reliefs : "(i) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to add the earlier service period of Indian Air Force, in the present service of the petitioners in the Uttar Pradesh State District Court Service, in accordance with law. (ii) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to Re-fix the salary of the petitionesr after adding the previous service rendered by the petitioners in Indian Air Force. (iii) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to Re-fix the salary of the petitioners as on date of their appointment as Class III employee in the Uttar Pradesh State District Court Service, by protecting the salary received by the petitioners as Ex- Serviceman at the time of discharge from Indian Air Force, within a period to be specified by this Hon'ble Court. (iv) issue, a writ, order or direction, in the nature of mandamus, directing the Respondents, to pay the arrears of the petitioner's salary from the date of his initial appointment till date in accordance with the salary as Re-fix under prayer No. (C), within a period to be specified by this Hon'ble High Court." 3. Since considering petitioner's grievance would entail factual aspects, liberty is granted to petitioners to file separate fresh representations before the opposite party no.4 i.e. District Judge, Lucknow. In case such representations are filed, the same shall be considered and decided within a period of three weeks from the date a certified copy of this order is produced before the said authority in accordance with law. 4. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 11.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench