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2025 DAILYLAW 202189 (ALL)

DAYASHANKAR SHARMA AND 11 OTHERS v. STATE OF U.P. THRU. ITS SECY., REVENUE DEPTT. LKO. AND 3 OTHERS

WRIA/11764/2025 · 2025-10-16

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11764 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioners and learned State Counsel for opposite parties. 2. Petition has been filed challenging report dated 29.01.2025 as approved by the District Magistrate concerned. Further prayer for a direction to concerned authority to re-consider claim of petitioner's for payment of pensionary and other retiral benefits from the date of initial appointment in the year 1987 and to take the same as continuous service period has also been sought. 3. It has been submitted that earlier petitioner had filed Writ A No.11051 of 2024 for the same relief which was decided vide order dated 22.11.2024 directing the concerned authority to decide petitioners’ representation. 4. It is submitted that despite such a direction being issued, the impugned order has been passed merely containing signatures of District Magistrate concerned and it is therefore evident that there is no application of mind by the authority concerned. 5. Learned State counsel has been provided written instructions dated 25.09.2025, which are taken on record and also indicate the same order which is under challenge in the writ petition. 6. This Court has also examined the record of Writ A No.11051 of 2024 and it is ascertained that directions had been issued to opposite party no.2 i.e. Versus Counsel for Petitioner(s) : Ram Ji Trivedi Counsel for Respondent(s) : C.S.C. Dayashankar Sharma And 11 Others .....Petitioner(s) State Of U.P. Thru. Its Secy., Revenue Deptt. Lko. And 3 Others .....Respondent(s) District Magistrate concerned to decide petitioners’ representations. 7. Upon a perusal of the impugned order, it is evident that a report has been submitted by the clerk concerned on 29.01.2025 which thereafter appears to be approved by the District Magistrate. Ex facie, there is no application of mind by the District Magistrate concerned to the grievance of petitioners as was required by the direction issued by this Court earlier. 8. In view thereof, without interfering with the report dated 29.01.2025, opposite party no.2 i.e. District Magistrate-Record Officer, Unnao is directed to decide petitioners’ applications expeditiously within a period of six weeks’ from the date a certified copy of this order is served upon the said authority in terms of directions issued earlier by this Court on 22.11.2024. It is made clear that representations are to be decided by District Magistrate alone by reasoned and speaking order and adverting to the grievance raised by petitioners. 9. With aforesaid observations and directions, the petition is finally disposed of. October 16, 2025 Subodh/- WRIA No. 11764 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench