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Allahabad High Court · body

2025 DAILYLAW 178101 (ALL)

KRISHNA KANT SHARMA AND 22 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. PUBLIC ENTERPRISES BUREAU U.P. LKO. AND 2 OTHERS

WRIA/13631/2025 · 2025-11-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13631 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Sri R.S.Tewari, learned counsel for the opposite parties no. 1 & 2, Sri N.C.Mehrotra, learned counseelf or the opposite party no. 3 and perused the record. Instant writ petition has been filed with the following main reliefs :- "(i) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 1 to issue an order/directive for ensuring admissibility of the dearness allowance on gratuity and leave encashment at the rates so spelt out by the state government (Finance Department) vide office memorandum dated 09.11.2021 in respect of the employees who superannuated between 01.01.2020 to 30.06.2021, in the interest of justice. (ii) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to act in furtherance of the decision so taken by the state government (Finance Department) vide office memorandum dated 09.11.2021 by which admissibility of dearness allowance was deefreezed but benefit of the same is not being extended to the petitioners due to non issuance of consequential order/direction by the opposite party no. 1, in the interest of justice." After arguing at some length, learned counsel for the petitioners submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioners to move a fresh representation before the opposite party no. 3/Managing Director,U.P. State Construction & Infrastructure Versus Counsel for Petitioner(s) : Vinay Misra Counsel for Respondent(s) : C.S.C., Naresh Chandra Mehrotra Krishna Kant Sharma And 22 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Public Enterprises Bureau U.P. Lko. And 2 Others .....Respondent(s) Development Corporation Ltd. Lucknow and the opposite party no. 3 may be directed to consider and decide the same within the stipulated period of time, as may be fixed by this court. Learned counsels appearing for the opposite parties have no objection to the contentions aforesaid. Be that as it may, without entering into the merits of the case,the petitioners are given liberty to move a fresh representation, while raising all their claims and grounds before the opposite party no. 3/ Managing Director,U.P. State Construction & Infrastructure Development Corporation Ltd. Lucknow within a period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of six weeks, in accordance with law. With the aforesaid observations, the writ petition is hereby disposed of. November 25, 2025 AKS WRIA No. 13631 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench