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2025 DAILYLAW 180261 (ALL)

MAHRAJDEEN and ORS. v. STATE OF U.P.THRU.PRIN.SECY.PUBLIC WORKS DEPTT.LUCKNOW andORS.

WRIA/30567/2019 · 2025-11-27

Manish Mathur

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 30567 of 2019 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioners and learned State Counsel for opposite parties. 2. Petition has been filed seeking following main prayers:- "(i) Issue a writ, order or direction declaring the provisions contained in Regulation - 370 of U.P. Civil Service Regulation is ultra vires (sic) and inoperative so far it relates for non (sic) counting of the period of work charge services for the purpose of pension and other service benefits to the petitioners. (ii) Issue a writ, order or direction in the nature of Mandamus thereby Commanding/ directing the Opposite Parties to sanction/ grant pension and other service benefits to the petitioners, including the work charge services rendered by the petitioners as qualifying for said purpose in light of judgment and order dated 02.09.2019 passed by the Hon'ble Supreme Court in the case of Prem Singh Vs. State of U.P. and others (Civil Appeal No. 6798 of 2019)." 3. It has been submitted that subsequently the aforesaid judgment has already been considered by this Court in the case of Jai Ram Versus Counsel for Petitioner(s) : S.P. Singh Somvanshi Counsel for Respondent(s) : C.S.C. Mahrajdeen And Ors. .....Petitioner(s) State Of U.P.Thru.Prin.Secy.Public Works Deptt.Lucknow Andors. .....Respondent(s) Sharma v. State of U.P. and others, Writ-A No. 731 of 2024. 4. Since considering petitioners' grievance would entail factual aspects, liberty is granted to petitioner to file fresh individual representations before the competent authority who shall consider and decide the same, in light of judgment in the case of Jai Ram Sharma (supra), in case the same is applicable, within a period of six weeks, from the date of receipt of fresh representation along with a certified copy of this order. 5. With aforesaid direction(s), the petition is finally disposed of. November 27, 2025 lakshman WRIA No. 30567 of 2019 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench