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Allahabad High Court · body

2025 DAILYLAW 190224 (ALL)

SRI RAJIT RAM PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. EXCISE DEPTT.-1, LKO. AND 2 OTHERS

WRIA/12511/2025 · 2025-10-17

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12511 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 prayer:- " I. To issue a writ order or direction in the nature of Mandamus whereby this Hon'ble Court may kindly be pleased to command the opposite party to grant the Promotional benefit from the date of his entitlement January, 2003 with all financial benefit as was grated to Sri Raj Bahadur Singh; II. To issue a writ order or direction in the nature of mandamus whereby this Hon'ble Court may kindly be pleased to pay him the salary of the promoted post and also the revised pension with 12% interest from the date of entitlement till the date of actual payment." 3. Learned State Counsel has been provided written instructions dated 16th October, 2025 which are taken on record and on the basis of which it is submitted that aforesaid benefit can not be claimed by petitioner once he waived his right of being promoted. 3. Since petitioner's grievances would require consideration of factual aspects, liberty is granted to petitioner to make a fresh representation before opposite party No. 2 i.e. Excise Commissioner, Uttar Pradesh, Prayagraj. In case such a representation is filed, the same is required to be decided within a period of eight weeks from the date a certified copy of this order is produced before the said authority. 4. The petition stands disposed of. October 17, 2025 prabhat Versus Counsel for Petitioner(s) : Sanjay Misra, Pratyush Mishra Counsel for Respondent(s) : C.S.C. (Manish Mathur,J.) Sri Rajit Ram Pandey .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Excise Deptt.-1, Lko. And 2 Others .....Respondent(s) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench