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2025 DAILYLAW 195194 (ALL)

AJAY KUMAR JAISWAL v. STATE OF U.P. THRU. SECY. DEPTT. OF AGRICULTURE LKO. AND 3 OTHERS

WRIA/11617/2025 · 2025-10-09

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11617 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Sri Prashant Kumar Singh learned counsel for the respondent nos. 3 and 4 and Sri Rajiv Singh Chauhan, learned Additional Chief Standing Counsel for the State. Instant petition has been filed with the following main prayer:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide the retirement benefits/dues viz G.P.F., Leave Encashment, Gratuity, Pension Arrear and Insurance to the petitioner along with the appropriate interest, in interest of justice." Contention of the learned counsel for the petitioner is that the father of the petitioner instituted a writ petition bearing 7537 of 2018 wherein on 23.1.2020, following order was passed:- "Petitioner has filed present writ petition for following primary reliefs :- "I. Issue a writ, order or direction in the nature of writ of Mandamus commanding the opposite parties to ensure payment of Pension to the petitioner including arrears of pension admissible to the petitioner along with reasonable rate of interest to be fixed by the Hon'ble court and further the opposite party 1 to be commanded to hold an enquiry in regard to the delayed submission of pension document and proceed against the erring officer for committing delay and further delaying submission of pension papers in the interest of justice. II. To issue a writ, order or direction in the nature of writ of Mandamus commanding the opposite party No.3 to release the arrears of salary of suspension suspension period 28.10.09 to 17.3.2010 and 25.4.2010 to 15.5.2010 forthwith in the interest of justice." Versus Counsel for Petitioner(s) : Dinesh Kumar Tiwari Counsel for Respondent(s) : C.S.C., Prashant Kumar Singh Ajay Kumar Jaiswal .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Agriculture Lko. And 3 Others .....Respondent(s) Learned counsel for petitioner submits that the grievance of the petitioner would be met in case his representation is decided by the opposite party No.2, Director, Pension Directorate U.P., 8th Floor, Indira Bhawan, Ashok Marg, Lucknow, in a time bound manner to which, learned standing counsel and learned counsel for opposite party University, have no objection. In view of aforesaid, the petitioner is permitted to move a fresh representation to the opposite party No.2 within a period of two weeks from today, annexing therewith a certified copy of this order as well as all other documents to support his case. In case such a representation is moved, the opposite party No.2 shall decide the same by a reasoned and speaking order in accordance with law within a period of two months from the date a certified copy of this order is placed before him. The writ petition is disposed of. " He submitted that salary for the period from 28.10.2009 to 17.3.2010 and from 25.4.2010 to 15.5.2010 have not been paid to the father of the petitioner. He submitted that the petitioner has moved a representation on 3.9.2025 before the Vice Chancellor of the respondent University, which is pending consideration. He thus submits that the Hon'ble Court may be directed to the respondent University to consider and decide the representation of the petitioner within stipulated period of time as may be fixed by this Court. Learned counsel for the respondents have no objections to the submissions aforesaid. Be that as it may, without entering into the merits of the case, the Vice Chancellor, Acharya Narendra Deo, University of Agriculture and Technology, Kumar Ganj, District Faizabad is directed to consider and decide the representation of the petitioner dated 23.12.2021 within four weeks from the date of production of certified copy of this order, in accordance with law. With the aforesaid observations, instant writ petition is hereby disposed of. October 9, 2025 Ram Murti WRIA No. 11617 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench