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2025 DAILYLAW 180608 (ALL)

SURENDRA KUMAR SRIVASTAVA v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF NAMAMI GANGE AND GRAMIN JALAPURTI LKO. AND 2 OTHERS

/13541/2025 · 2025-11-24

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13541 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed seeking the following main relief:- "(i) Issue a writ of Certiorari or a writ, order or direction in the nature of Certiorari to quash the Pension Payment Order dated 24.10.2025 passed by the opposite party No 3 contained as Annexure No. 1 to the writ petition so far as it relates to denying the pension to the petitioner after calculating his services under the Work Charge Establishment rendered by him with effect from 01.01.1986 i.e. prior to his regularization on 15.06.2011. (ii) Issue a writ of mandamus or a writ, order or direction in the nature of mandamus to command the opposite parties to pay all post retirement benefits to the petitioner including monthly pension to him after calculating his services rendered by him under the work charge establishment with effect from 01.01. 1986 on the post of Helper till his Versus Counsel for Petitioner(s) : Vikas Singh Counsel for Respondent(s) : C.S.C. Surendra Kumar Srivastava .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Namami Gange And Gramin Jalapurti Lko. And 2 Others .....Respondent(s) regularization on 15.06.2011 on the post of Helper. (iii) Issue a writ of mandamus or a writ, order or direction in the nature of mandamus to command the opposite parties to revise the Pension Payment Order of the petitioner after the change of designation from the post of Helper to the post of Field Assistant in pursuance of the judgment and order dated 20.11.2024 passed by the Hon'ble Supreme Court in Civil Appeal No 12564 of 2024 "Surendra Kumar Srivastava Vs State of U. P. and others and judgment and order dated 19.09.2025 passed by this Hon'ble Court in Writ-A No. 7995 of 2025 "Surendra Kumar Srivastava Vs. State of U.P and others" 3. Considering the fact that challenge to pension payment order dated 24.10.2025 would be dependent on any order passed by appropriate authorities pertaining to grant of prayer no.2, liberty is granted to petitioner to make a fresh representation before opposite party no.1 i.e. Principal Secretary, Namami Gange and Gramin Jalapurti U.P., Civil Secretariat, Lucknow or any other competent authority who shall consider and decide the same in light of judgment rendered by Hon'ble the Supreme Court in Prem Singh v. State of U.P. and others reported in (2019) 10 SCC 516 as well as judgment rendered by this Court in Jai Ram Sharma v. State of U.P. and others [WRIT - A No. - 731 of 2024]. Aforesaid representation shall be decided expeditiously in the light of aforesaid judgments, if the same are applicable, within a period of six weeks from receipt of representation of petitioner along with a certified copy of this order. 4. With aforesaid direction, the petition stands finally disposed of. November 24, 2025 kvg/- WRIA No. 13541 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench