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2025 DAILYLAW 18985 (ALL)

RAJJAN DEVI v. STATE OF U.P. AND ANOTHER

WRIA/2229/2025 · 2025-02-19

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24938 Court No. - 5 Case :- WRIT - A No. - 2229 of 2025 Petitioner :- Rajjan Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- C.S.C.,Harshit Pandey Hon'ble Ajay Bhanot,J. Heard Shri Ravi Sahu, learned counsel for the petitioner and learned Standing Counsel for the respondent No.1- State and Shri Syed Shanawar, learned counsel holding brief of Shri Harshit Pandey, learned counsel for the respondent No.2. The deceased-husband of the petitioner was serving as safai karmchari in the Jal Kal Department, Nagar Nigam, Kanpur Nagar. The deceased-husband of the petitioner retired from service on 23.12.2015. The petitioner claims that she is entitled to the benefit of Assured Career Progression (A.C.P.) along with interest. She has made a representation in this regard but to no avail. Learned Standing Counsel for the respondent No.1-State and Shri Syed Shanawar, learned counsel holding brief of Shri Harshit Pandey, learned counsel for the respondent No.2 submit that the matter requires determination of facts by the competent authority as per law in the first instance. However, they fairly contend that the claim of the petitioner is liable to be decided by the competent authority in a reasonable time frame. In light of the aforesaid submissions and without going into the merits of the case, the respondent No.2-General Manager, Jal Kal Department, Nagar Nigam, Kanpur Nagar shall decide the representation of the petitioner regarding entitlement of Assured Career Progression (A.C.P.) of her deceased-husband as per law 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. However, the petitioner shall not be entitled to any interest in view of the delay in the representation for which she alone is responsible. Subject to the aforesaid directions, the writ petition is finally disposed of. Order Date :- 20.2.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad