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2025 DAILYLAW 185607 (ALL)

SURENDRA SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LOK NIRMAN VIBHAG, LKO. AND 4 OTHERS

WRIA/10682/2025 · 2025-11-27

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10682 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed seeking following main prayers:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to consider the petitioner's claim for providing the pension under Old Pension Scheme after counting the entire length of service rendered by him under work charge establishment (since 31.03.1987 - 08.04.2011) for the purpose of Qualifying service and Pay the Same from the due date 30.06.2020 under U.P. Regularization of Daily Wages (Appointment of Group 'D' Posts) Rules 2001 within stipulated period in the interest of Justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to provide the benefits of the case of Prem Singh Vs. State of U.P. and others (2019) 10 SCC 516 to the petitioner in the interest of justice." 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) : Raj Karan Singh Counsel for Respondent(s) : C.S.C. Surendra Srivastava .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Lok Nirman Vibhag, Lko. And 4 Others .....Respondent(s) Sharma v. State of U.P. and others, Writ-A No. 731 of 2024. 4. Since considering petitioner's grievance would entail factual aspects, liberty is granted to petitioner to file fresh representation 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. 10682 of 2025 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