AKHILESH KUMAR SRIVASTAVA v. UNION OF INDIA THRU. GENERAL MANAGER NORTH CENTRAL RAILWAY HEADQUARTER ALLAHABAD AND 2 OTHERS
WRIA/15088/2025 · 2025-12-19
Manish Mathur
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 195091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195091 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 15088 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard Mr. Shishir Jain assisted by Ms. Kavya Jain, learned counsel for petitioner and Mr. S.B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Varun Pandey, learned counsel for opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed seeking the following main relief:-
"i. issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties to forthwith implement the office memorandum number 19/116/2024-Pers.Pol.(Pay) (Pt)dated 20.05.2025 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Government of India in compliance of judgment and order dated 11.04.2023 passed in Director (Administration and Human Resources) KPTCL and Others Vs. C.P. Mundinamani and Others reported in (2023) 14 SCC 411 and order dated 20.02.2025 passed in clarification applications and intervention applications being Miscellaneous Application Diary No. 2400 of 2024 all made in SLP No. 4722/2021 (Union of India and another Vs. M Siddharaj) and to grant one annual increment to the petitioner which had fallen due to him on 01.07.2019 i.e, on the next day after his Versus Counsel for Petitioner(s) : Shishir Jain, Kavya Jain, Lakshyadeep Srivastava Counsel for Respondent(s) : A.S.G.I. Akhilesh Kumar Srivastava .....Petitioner(s) Union Of India Thru. General Manager North Central Railway Headquarter Allahabad And 2 Others .....Respondent(s)
retirement from service; and also to revise the pension of the petitioner accordingly w.e.f 01.07.2019, and also to pay him arrears of pension for three years in accordance with clause (d) of the aforesaid office memorandum number 19/116/2024- Pers.Pol.(Pay)(Pt)dated 20.05.2025"
3. It is submitted that earlier as well, petitioner had filed Original Application no.484 of 2022 before the Central Administrative Tribunal, Lucknow seeking the same benefit and the said petition was disposed of vide order dated 14.10.2022 directing authorities concerned to decide petitioner's representation. It is submitted that in pursuance thereof, the representation was disposed of vide order dated 29.01.2023 but only on ground that with regard to petitioner's grievance, certain clarification is awaited. 4.
It is submitted that in the meantime aforesaid dispute has already been adjudicated upon by this Court in Nand Vijay Singh and others v. Union of India and others [WRIT - A No. - 13299 of 2020] which was allowed by means of judgment and order dated 29.06.2021. Aforesaid
judgment as well as judgment in other connected matters were thereafter challenged before Hon'ble the Supreme Court which upheld the same in The Director(Admn. and H.R.) KPTCL & others v. C.P. Mundinamani & others reported in 2023 LiveLaw (SC) 296[Civil Appeal No.2471 of 2023 @ SLP (C) No.6185/2020] vide judgment and
order dated 11.04.2023.
5. Learned counsel for opposite parties, on the contrary, submits that since clarification is awaited, the issue shall be decided by authority concerned in accordance with law.
6. Considering aforesaid submissions, opposite party no.2 i.e. General Manager (P-Settlement), North Central Railway, Subedarganj, Prayagraj, Uttar Pradesh, or any other competent authority is directed to take a final decision with regard to petitioner's grievance expeditiously in light of the judgment as well as the office memorandum dated 20.05.2025 indicated herein above, in case the same are applicable, expeditiously by a reasoned and speaking order within a period of six weeks from receipt of representation of WRIA No. 15088 of 2025 2
petitioner along with a certified copy of this order.
7. With aforesaid direction(s), the petition stands finally disposed of. December 19, 2025 kvg/- WRIA No. 15088 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench