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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15431 of 2025
Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard Mr. Ram Kumar Sinha, learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Munna Pandey, Advocate holding brief of Mr. Harshit Pandey, learned counsel for the respondent no.3 and perused the record. The present writ petition has been filed inter-alia for the following reliefs:-
"a) issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to grant the pension as well as other post retiral benefits alongwith interest regularly to the petitioner after counting his adhoc services of since 07.03.1995 till the date regularization i.e. 11.04.2018 as qualifying services for the purpose of granting pension upto the date of retirement i.e. 28.02.2025 as has been granted to similarly situated persons namely Shri Badri Narayan Agnihotri (Revenue Inspector). b) issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to release the monthly pension in favour of petitioner with all consequential pre and post retiral benefits under the old pension scheme in the light of the decision of Division Bench of this Hon'ble Court dated 06.05.2025. c) issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to count (compute) the adhoc the services since 07.03.1995 rendered by him upto the date of regularization i.e. 11.04.018 and pay the regular pension to the petitioner since the date of retirement i.e.
28.02.2025. d) issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to pay the pension and other retiral benefits to the petitioner under old pension scheme as has Versus Counsel for Petitioner(s) : Ram Kumar Sinha Counsel for Respondent(s) : C.S.C., Harshit Pandey Atul Pandey .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
been paid to similarly situated persons i.e. Hari Govind Prasad (Executive Engineer), Syed Rizwan Haider Zaidi (Assistant Engineer), Ashok Kumar Singh (Assistant Engineer), Rajendra Joshi (Assistant Engineer), Ashok Kumar Srivastava (Assistant Engineer) and also identical and similarly situated some Junior Engineers namely Vinay Kumar Saxena, Suresh Kumar Sharma, Dinesh Rai, Daya Shanker Singh, Pradeep Kumar Srivastava, Jai Prakash Mishra, Parmanand Mishra.
e) issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to regularize the petitioner since the date of commencement (introduction) of U.P. Palika (Centralized) Service (21st Amendment) Rules, 2003 i.e. 10.04.2003. f) issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to regularize the services of the petitioner since 26.08.2003 as has been regularized the similarly situated persons i.e. Hari Govind Prasad (Executive Engineer), Syed Rizwan Haider Zaidi (Assistant Engineer), Ashok Kumar Singh (Assistant Engineer), Rajendra Joshi (Assistant Engineer), Ashok Kumar Srivastava (Assistant Engineer) and also identical and similarly situated some Junior Engineers namely Vinay Kumar Saxena, Suresh Kumar Sharma, Dinesh Rai, Daya Shanker Singh, Pradeep Kumar Srivastava, Jai Prakash Mishra, Parmanand Mishra. g) issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to pay the arrears of pension and gratuity counting the adhoc services sine 07.03.1995 with admissible rate of interest. h) issue e a write order or direction in the nature of MANDAMUS commanding and directing the respondents to extend the benefit of 3rd Assured Career Progression to the petitioner. i) issue any other suitable writ, order or direction which this Hon'ble Court may deem, fit and proper in view of the facts and circumstances of the case. j) Award the cost of petition in favour of the Petitioner." At the very outset, learned counsel for the petitioner has not pressed the 'relief no.f' and in respect of other reliefs, he submits that for ventilation of his grievances, the petitioner has approached the authority concerned by moving representations. However, despite several representations moved by the petitioners, no heed has yet been paid. Learned counsel for the respondent no.3 submits that in case petitioner moves a fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law. WRIA No. 15431 of 2025 2
Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.3; Nagar Nigam Kanpur through its Nagar Ayukt within three weeks from today along with a certified copy of this order.
On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment. October 14, 2025 Jitendra/- WRIA No. 15431 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad