Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 198957 (ALL)

UTTAR PRADESH MANDI PARISHAD TAKNIKI SANGH THRU. SECY. and ORS v. STATE OF U.P THRU.PRIN.SECY.AGRICULTURE MKT.and EXPORTS and ORS

WRIA/24782/2018 · 2025-10-10

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 24782 of 2018 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Mr. Aditya Mohan, Advocate has put in appearance by filing Vakalatnama on behalf of respondent no.3 and the same is taken on record. Heard Mr. Sandeep Dixit, learned Senior Counsel assisted by Mr. Jitendra Singh, counsels for the petitioners, Mr. Piyush Kumar, learned counsel for the State, Mr. Aditya Mohan, learned counsel for respondent no. 3 and perused the records. The instant petition has been filed with the following reliefs:- "i. Issue a writ, order or direction in the nature of certiorari, quashing the impugned govt. order dated 08.01.2016 and order dated 19.03.2017 passed by opposite party No.1 and 3, contained in Annexure No.1 and 2 to the writ petition. ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the opposite parties to provide the pensionary benefits to the employees, who have been appointed prior to 01.04.2005 in the same manner viz-a-viz extended to the employees of U.P. Vikas Pradhikaran in compliance of judgment and order dated 23.09.2014 passed by Hon'ble Apex Court in Case of State of U.P. Versus Preetam Singh and others. iii. Issue a writ, order or direction in the nature of mandamus commanding/directing to the State Govt. to reconsider the matter and take appropriate decision upon the letter dated 19.06.2018 sent by opposite party No.3 in the interest of justice. iv. Issue any other order or direction which this Hon'ble Court may deem fit and Versus Counsel for Petitioner(s) : Ram Akshayavar Vishvakarm, Abhinav Singh, Anand Mani Tripathi, Awadhesh Kumar Mishra, Jitendra Singh, Ranjeet Kumar, S.K. Verma Counsel for Respondent(s) : C.S.C., N.C. Mehrotra Uttar Pradesh Mandi Parishad Takniki Sangh Thru. Secy. And Ors .....Petitioner(s) State Of U.P Thru.Prin.Secy.Agriculture Mkt.And Exports And Ors .....Respondent(s) proper under the circumstances of the case. V. Allow the writ petition with costs in favour of the petitioners." The contention put forth by the learned Senior Counsel for the petitioners is that the controversy has already been put to rest while passing the final judgment and order dated 09.09.2019, in Writ A No.12175 of 2018. The operative portion of the judgment and order is reproduced hereinunder:- "Having due regard to the facts and circumstances of the case and the provisions of Act, 1964, the impugned order 8 January 2016 and 16 February 2018 passed by the State Government and the consequential order dated 19 March 2018 passed by the Board, is set aside and quashed. The Board is directed to implement the Pension/Gratuity Scheme in terms of Regulations, 2013, within eight weeks from the date of filing of certified copy of this order." It is submitted that after the aforesaid judgment and order was passed, an Special Appeal has been preferred, which is pending consideration and no interim order is granted so as to stay the judgment and order dated 09.09.2019 passed in the aforesaid writ petition, therefore, submission is that the judgment and order is still intact and the petitioners are also entitled for the same relief. Learned counsel appearing for the opposite parties do not dispute the above noted contentions. For the foregoing reasons and submissions, the present petition is allowed in terms of the judgment and order dated 09.09.2019 passed in Writ A No. 12175 of 2018(Devendra Prasad Srivastava and 9 Others versus State of U.P. and 9 Others). Needless to say that this order shall be subject to the outcome of the final order passed in the Special Appeal, which is pending consideration before the Hon'ble High Court at Allahabad. October 10, 2025 Mayank WRIA No. 24782 of 2018 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench