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2025 DAILYLAW 192333 (ALL)

RAM DIN TIWARI v. STATE OF U.P. AND 2 OTHERS

WRIA/15622/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15622 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard Mr. Onkar Nath, learned counsel for the petitioner, Mr. Ravi Prakash Pandey, learned counsel for respondent nos.2 & 3 and learned Standing Counsel for the State-respondents. 2. After arguing at length, learned counsel for parties are in agreement that this Court may instead of deciding the issue as to whether petitioner is entitled for pension despite they do not possess qualifying service after his regularization as there are judgments which indicate that for purpose of qualifying service for pension, deficit period can be taken prior to the order of regularization subject to service rules of employee and therefore prayed that all the writ petitions may be disposed of with a direction that claim of petitioner will be considered in light of the judgments referred during arguments in Prem Singh Vs. State of Uttar Pradesh & Ors, (2019) 10 SCC 516 and Udai Pratap Thakur & Anr. Vs. State of Bihar & Ors, 2023 SCC Online SC 527 and their respective claims be decided in accordance with law within a short period. 3. Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.2 Vice Chairman, Varanasi Development Authority, Varanasi, within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.2 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and Versus Counsel for Petitioner(s) : Onkar Nath Counsel for Respondent(s) : C.S.C., Ravi Prakash Pandey Ram Din Tiwari .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. October 17, 2025 Rahul. WRIA No. 15622 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad