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2025 DAILYLAW 196445 (ALL)

PRATIBHA SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HIGHER EDUCATION LKO. AND 3 OTHERS

WRIA/6658/2025 · 2025-11-21

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 6658 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The present writ petition has been filed with the following main releifs:- "(i) To issue a writ, order or direction in the nature of mandamus directing and commanding the opposite parties especially opposite party no.2 to grant benefit of deemed regularization of the ad-hoc service rendered by the petitioner under them against a sanctioned post by implementing judgment and order dated 17.10.2023 passed in Writ A No. 15177 of 2023 and then after computing entire service period of the petitioner rendered by her under the opposite parties on ad hoc basis treated it being "qualifying service" and accordingly pay the entire post retiral dues to the petitioner viz. gratuity and pension including arrears along with adequate interest on delayed payment." 3. The counsel for the petitioner submits that opposite party no.2 i.e. Special Secretary Finance (General) has still not taken decision, though vide judgment and order dated 17.10.2023 passed in Writ A No. 15177 of 2023, the matter has been dealt with, with respect to sanction of the posts. 4. Further the aforesaid arguments, he submits that the interest of justice would be served that if this Hon'ble Court to direct the opposite party no.2 Versus Counsel for Petitioner(s) : Satya Prakash Mishra, Brijesh Kumar Counsel for Respondent(s) : C.S.C., Shubham Tripathi Pratibha Srivastava .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Higher Education Lko. And 3 Others .....Respondent(s) to take a decision on the claim raised by the petitioner. 5. Be that as it may without entering into merits of the case, the petitioner is permitted to move a fresh claim before the opposite party no.2 within a period of ten days and on receiving such representation, the opposite party no.2 is directed to consider and decide the same in accordance with law, with speaking and reasoned order, within a period of six weeks. 6. Accordingly, the instant petition is disposed of. November 21, 2025 Muk WRIA No. 6658 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench