SAJANLAL v. STATE OF U.P. THRU. PRIN. SECY. TRANSPORT DEPTT. LKO. AND 3 OTHERS
WRIA/13257/2025 · 2025-11-18
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181667 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181667 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13257 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Shri Shyam Narayan Shukla, learned counsel for petitioner, Shri Brijendra Singh, learned Additional Chief Standing Counsel for the State/respondent no. 1, Shri Taha Arif, Advocate holding brief of Shri Ratnesh Chandra, learned counsel for Uttar Pradesh State Road Transport Corporation/respondent nos. 2 to 4 and perused the material available on record. 2. By means of the present writ petition, the petitioner has prayed following relief:-
"i.) issue a writ, order or direction in the nature of Mandamus directing the opposite party no. 3 to decide the representation dated 16.10.2025 made to opposite party no. 3 to grant the benefit of A.C.P. as given to similarly situated persons in the light of circular dated 20.06.2025 issued by opposite party no. 2 i.e., Managing Director, Uttar Pradesh State Road Transport Corporation (contained in Annexure No. 1) preferred by the petitioner and if any dues is found admissible then the same shall be paid to the petitioner in the time bound manner."
3. Submission of learned counsel for petitioner is that the petitioner was appointed on the post of Driver on 19.11.1997 in the Uttar Pradesh State Versus Counsel for Petitioner(s) : Shyam Narayan Shukla, Diwakar Pratap Pandey Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Sajanlal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Transport Deptt. Lko. And 3 Others .....Respondent(s)
Road Transport Corporation. He took voluntary retirement on 16.06.2020. Submission of learned counsel for petitioner is that the petitioner completed more than 20 years of unblemished service. 4. The contention of learned counsel for petitioner is that the petitioner was to be given the benefit of A.C.P. on completion of 10 years, 16 years and 20 years. It is submitted on behalf of learned counsel for petitioner that the Government Order dated 04.05.2010 provides that the benefit of A.C.P. must be extended to its employees in a time bound manner. 5. Learned counsel appearing for the petitioner has categorically submitted that the Government Order dated 22.04.2015 provided that even if an employee was punished with minor penalty at any point of time even then an adverse entry would not be made a ground to withhold A.C.P. at-least on such ground.
He further submitted that the Corporation issued a Government Order dated 05.03.2020 by which the benefit of ACP was made extendable to the Corporation employees from the date 01.12.2008 as per VIth Pay Commission. 6. Contention of the learned counsel for petitioner is that the petitioner has already moved representation dated 16.10.2025 through a registered post to the Regional Manager, Uttar Pradesh State Road Transport Corporation, Prayagraj Region, Prayagraj but the same has yet not been considered and decided. 7. Learned counsel for respondents have no serious objection, if a direction is issued for the early disposal of the representation moved by the petitioner. 8. Be that as it may, since the representations filed by the petitioner are pending consideration, the same deserves consideration. WRIA No. 13257 of 2025 2
9. In view of the above, this Court is of the view that no useful purpose would be served to keep the writ petition pending. Accordingly, the writ petition is disposed off at the admission stage itself by granting liberty to the petitioner to prefer a comprehensive representation narrating the facts in detail and all other pleas that are available to him under law, before the Regional Manager, Uttar Pradesh State Road Transport Corporation, Prayagraj Region, Prayagraj within a period of ten days from today. In case such a representation is received by the opposite party no.3 within the time frame as provided by this Court, the Regional Manager, Uttar Pradesh State Road Transport Corporation, Prayagraj Region, Prayagraj (respondent no. 3) shall examine the case of the petitioner in the light of the relevant rules and guidelines issued by the Government on the subject and take appropriate decision on said the representation. It is expected that the said authority shall endeavour to dispose of the said representation within a period of eight weeks from the date of receipt of said representation by passing a reasoned order strictly in accordance with law. 10. With the aforesaid directions/observations, the present writ petition is disposed of.
November 18, 2025 Virendra WRIA No. 13257 of 2025 3 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench