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2025 DAILYLAW 188040 (ALL)

FARINDAR SINGH KUSHWAHA v. STATE OF U.P. AND 2 OTHERS

WRIA/20039/2024 · 2025-02-13

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Judgment text

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Neutral Citation No. - 2025:AHC:21539 Court No. - 5 Case :- WRIT - A No. - 20039 of 2024 Petitioner :- Farindar Singh Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amardeo Singh,Umesh Singh Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. Heard Shri Amardeo Singh, learned counsel for the petitioner and learned Standing Counsel for the State. The petitioner claims that he was appointed permanently as Kurk Amin. He is entitled to full salary but is being paid 10% collection charge. A representation in this regard has been made but to no avail. He relies on a judgement of the Supreme Court rendered in State of U.P. vs. Chandra Prakash Pandey reported at AIR 2001 SC 1298. Learned Standing Counsel for the State submit that the matter requires factual determination as per applicable law and upon consideration of the applicability of the judgement relied upon by the petitioner to the facts of this case by the competent authority in the first instance. However, he fairly contends that the claims for regular salary are liable to be decided by the competent authority within a reasonable time frame. In the wake of the preceding discussion and without going into the merits of the case, the competent authority is directed to decide the representation of the petitioner regarding his claim for regular salary within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation. With the aforesaid direction, the writ petition is finally disposed of. Order Date :- 14.2.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad