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2025 DAILYLAW 198423 (ALL)

U.P. RAJYA CHINI NIGAM KARAMCHARI ASSOCIATION THRU. ITS GENERAL SECRETARY LKO. v. STATE OF U.P. THRU. PRIN. SECY. SUGAR INDUSTRY AND CANE DEVELOPMENT DEPTT. LKO. AND 4 OTHERS

WRIA/8617/2025 · 2025-11-21

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 8617 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Sanjeev Singh, learend counsel for respondent no. 2, learned Additional Chief Standing Counsel for the State and perused the record. Instant petition has been filed with the following reliefs:- "1. To issue a writ, order or direction in the nature of Mandamus commanding thereby Respondent No. 1 to pay the DA at the rate of 38% of the basic salary from 01.01.2018 to 31.12.2022 to the petitioners in pursuance of approval made by board of directors of Respondent No. 2 vide resolution dated 21.01.2023, which was further approved by empowered committee vide recommendation letter dated 19.04.2023, contained as Annexure No. 1, and representation made by respondent no. 2 vide letter dated 15.05.2023, contained as Annexure No. 2 to this Writ Petition. 2. To issue a writ, order or direction in the nature of Mandamus commanding thereby Respondent Nos. 1 to dispose / decide the Representation dated 03.06.2025, contained as Annexure No. 17 to the Writ Petition, in speaking and reasoned manner in accordance with law and in the light of approval made by board of directors of Respondent No. 2 vide resolution dated 21.01.2023, which was further approved by empowered committee vide recommendation letter dated 19.04.2023, and representation made by respondent no. 2 vide letter dated 15.05.2023, within stipulated period of time as decided by the Hon'ble Court. 3. To pass any other order or direction which the Hon'ble Court deems fit, just, proper and judicious under the circumstances of the case. 4. To allow the Petition with cost." Versus Counsel for Petitioner(s) : Amit Kumar Singh, Gaurav Singh Counsel for Respondent(s) : C.S.C., Sanjeev Singh U.P. Rajya Chini Nigam Karamchari Association Thru. Its General Secretary Lko. .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Sugar Industry And Cane Development Deptt. Lko. And 4 Others .....Respondent(s) It is contended by learned counsel appearing for the petitioner that the petitioner was getting dearness allowances @ 5%, whereas, he is entitled for 38% of the dearness allowance on the basic salary, from 01.01.2018 to 31.12.2022. After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation before the respondent no. 1 and he may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 15 days, and if such representation is moved within aforesaid period, the respondent no.1/ Principal Secretary, Sugar Industry and Cane Development Department, Government of U.P., Bapu Bhawan, Vidhan Sabha Marg, Lucknow, is hereby directed to consider and decide the same, within a period of eight weeks, with speaking and reasoned order, from the date, a certified copy of this order is produced before him. The order shall be communicated by the respondent no. 1 to the petitioner forthwith. With the aforesaid observations, the instant petition is disposed of. November 21, 2025 Mayank WRIA No. 8617 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench