U.P. RAJYA SETU NIGAM EMPLOYEES UNION THRU. ITS PRESIDENT ISHRAT JAH v. STATE OF U.P. THRU. PRIN. SECY. LOK NIRMAN VIBHAG AND 3 OTHERS
WRIA/12867/2025 · 2025-11-11
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173996 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173996 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12867 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Writ A No. 12760 of 2025 is hereby disconnected. Sri Srideep Chatterjee, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 4 and the same is taken on record. Heard learned counsel for the petitioner, Sri Parmanand Asthana, learned counsel for the opposite party no. 1, Sri Shishir Jain, learned counsel for the opposite parties no. 2 & 3, Sri Sameer Kalia, learned Senior Advocate assisted by Sri Srideep Chatterjee, Advocate and Ms. Ashita Mangal Agarwal, learned counsel for the opposite party no. 4 and perused the record. Instant writ petition has been filed with the following main reliefs :-
"(A) to issue a writ, order or direction in the nature of 'mandamus' commanding and directing to the opposite party No.1 & 2 to take final decision in pending enquiry regarding correct date of birth of opposite party No.4 in the light of complaint date 14.11.2024 (Annexure No.3) made by the petitioner alongwith the several self attested documents in the interest of justice. (B) to issue a writ, order or direction in the nature of 'mandamus' commanding and directing to the opposite party No.1 & 2 to recover the amount of salary made after 28.02.2024 i.e. the date of retirement on the basis of recorded date of birth from opposite party No.4." Preliminary objection has been raised by the learned counsel for the opposite parties no. 2 & 3 that the petitioner is not the person aggrieved and therefore, this writ petition is not maintainable on this ground alone. Versus Counsel for Petitioner(s) : Ram Lakhan, Dheeraj Srivastava Counsel for Respondent(s) : C.S.C., Ashita Mangal Agarwal, Shishir Jain U.P. Rajya Setu Nigam Employees Union Thru. Its President Ishrat Jah .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Lok Nirman Vibhag And 3 Others .....Respondent(s)
Having at a glace of the pleadings of the writ petition, it is apparent that the petitioner, who is an Employee's association, has sought prayer for conclusion of the alleged enquiry regarding the date of birth of opposite party no. 4 and no prejudice is caused to the Employee's association, who is the petitioner herein.
This court finds that there is neither any resolution of the association for filing of the writ petition nor the lists of the members of the association have been disclosed. This court is also aware of the law settled by Full Bench of this court in case of Umesh Chand Vinod Kumar and Others Vs Krishi Utpadan Mandi Samiti, Bharthana and Another, reported in AIR 1984 All 46. In this view of the matter, the preliminary objection raised by the learned counsel for the opposite parties no. 2 & 3 sustains. Consequently, the writ petition is hereby dismissed, having been not maintainable. November 11, 2025 AKS WRIA No. 12867 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench