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2025 DAILYLAW 192800 (ALL)

SHIV MOORAT SINGH v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/15402/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15402 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Byas Kumar Prasad, learned counsel for the petitioner and Sri S.K. Pal, learned Standing Counsel, who appears for State-respondents. 2. The present writ petition has been preferred seeking following reliefs: "I. Issue writ order or direction in the nature of mandamus directing the respondent no.2 and 3 to consider the grievance of the petitioner and release the Assured Carrier Progression (A.C.P.) within stipulated period as may be fixed by this Hon'ble Court." 3. Earlier the writ petitioner had preferred Writ-A No. in which on 22.07.2025, the following orders have been passed: "Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief as substantial relief: "i) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 3 Sub Divisional Magistrate, Manjhanpur,District Kaushambi to consider the grievance of the petitioner and release the General Provident Fund (GPF) and Assured Carrier Progression (ACP) within stipulated period as may be fixed by this Hon'ble Court." It appears from the records that the petitioner has already represented the matter to the respondent no. 2 vide representation dated 05.02.2024 which is still pending consideration. Learned Standing Counsel submits that he has no objection in the event this petition stands disposed of with a direction to the respondent no. 2 to look into and consider the grievance of the petitioner and pass appropriate order strictly in accordance with Versus Counsel for Petitioner(s) : Byas Kumar Prasad, Pradeep Kumar Keshri Counsel for Respondent(s) : C.S.C. Shiv Moorat Singh .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) law. In view of the above, this petition stands disposed of with a direction that respondent no. 2 shall consider the grievance of the petitioner raised in his representation dated 05.02.2024 and decide the same within a period of two months from the date of receipt of certified copy of this order. Needless to add the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one." 4. In para-11 of the writ petition, it has been asserted that the writ petitioner had been paid GPF on 15.09.2025 but insofar as ACP is concerned, the same is not being paid. 5. Learned Standing Counsel submits that the claim of the writ petitioner needs examination at the first instance by the second respondent, District Magistrate, Kaushambi. 6. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. 7. 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 second 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 two months from the date of presentation of the certified copy of the order. 8. 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. 9. With the aforesaid observation, the writ petition is disposed off. October 14, 2025 A. Prajapati WRIA No. 15402 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad