SHIV KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT AND 3 OTHERS
WRIA/3339/2022 · 2025-10-15
Shree Prakash Singh
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 201744 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201744 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 3339 of 2022 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State and perused the record. Instant writ petition has been filed with the following reliefs :-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opp. parties to consider the representation of the petitioner in light of observation made by Hon'ble Apex Court in case of Prem Sigh Versus State of U.P. (Civil Appeal 6798/2019) in the interest of justice. (ii)Issue a order or direction in the nature of Mandamus commanding and directing the opp. Parties to provide the pensionary benefits of the petitioner since 1987 from the date of initial appointment on the post of Pump Operator (Class III post) up to 2003 to the petitioner as per order Hon'ble Supreme Court of India rendered in Case of (Prem Singh Versus State of U.P. and other Civil Appeal No. 6798 of 2019) in the interest of justice." After arguing at some 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 opposite party no. 3/Executive Officer, Nagar Panchayat Dariyabad, District- Baranbanki and the opposite party no. 3 may be directed to Versus Counsel for Petitioner(s) : Suresh Chandra Tiwari, Vinod Kumar Singh Counsel for Respondent(s) : C.S.C., M.K. Dixit, Ram Kumar Singh Shiv Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development And 3 Others .....Respondent(s)
consider and decide the same within a stipulated period of time, as may be fixed by this court.
Learned counsel appearing for the State has pointed out that the representation of the petitioner earlier placed before the authorities, cannot be decided in the light of the Judgment rendered by the Hon'ble Apex Court in the case of Prem Singh Versus State of U.P.(Civil Appeal No. 6798 of 2019) and the grievance, if any, can be raised by the petitioner by way of a fresh representation. Be that as it may, without entering into the merits of the case,the petitioner is given liberty to move a fresh representation, while raising all his claims and grounds before the opposite party no. 3/ Executive Officer, Nagar Panchayat Dariyabad, District-Baranbanki within a period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of two months, in accordance with law and also considering the objection and contentions raised by the learned counsel for the State. With the aforesaid observations, the writ petition is hereby
disposed of. October 15, 2025 AKS WRIA No. 3339 of 2022 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench