RAJENDRA PRASHAD YADAV v. STATE OF U.P. AND 4 OTHERS
WRIA/14941/2025 · 2025-10-12
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DailyLaw.ai
[ 2025 DAILYLAW 192424 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192424 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14941 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Prem Prakash Yadav, learned counsel for the petitioner and Sri R.S. Umrao, learned Standing Counsel, who appears for State-respondent no. 1 as well as Ms. Ishita Farsaiya advocate holding brief of Shri Rahul Agarwal, counsel for the respondent. 2. The case of the writ petitioner is that he was appointed on the post of peon (Class-IV) on 01.04.1986 in District Legal Service Authority, Mirzapur and thereafter he was transferred Mirzapur to Kushinagar and he retired from legal service authority, Kushinagar on 31.03.2022. The writ petitioner claims that he is entitled to post retiral dues including gratuity, leave encashment, pension, ACP/MACP arrears, pay fixation arrears, D.A. arrears, bonus and other pensionary benefits to which the writ petitioner preferred a representation, there happens to be a report of the accounts clerk (Annexure- 2) at page 15 of the paperbook, reference has been made in para-11 dated
10.03.2022. 3. Prayer in the present petition is for a direction to release all retiral dues of the petitioner along with interest. 4. Learned Standing Counsel submits that a conscious decision is to be taken by the District Judge, Kushinagar at Padrauna/ Chairman, District Legal Service Authority. 5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Versus Counsel for Petitioner(s) : Prem Prakash Yadav, Satya Prakash Yadav Counsel for Respondent(s) : Ashish Mishra, C.S.C. Rajendra Prashad Yadav .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the self- attested copy of the writ petition before the third respondent who shall on the receipt of the same by 07.11.2025, proceed to decide the claim of the petitioner strictly in accordance with law within a period of six weeks from the date of presentation of the certified copy of the order. In case the third respondent is of the opinion that the matter is to be decided by some other authorities then the papers shall be transmitted to the same. In case, any inputs are required from the writ petitioner, the same should be communicated to him. 7.
Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. 8. With the aforesaid observation, the writ petition is disposed off. October 13, 2025 A. Prajapati WRIA No. 14941 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad