Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202398 (ALL)

HAUSILA PRASAD YADAV v. STATE PUBLIC SERVICE TRIBUNAL INDIRA BHAWAN LKO. THRU. REGISTRAR AND 3 OTHERS

WRIA/12266/2025 · 2025-10-16

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12266 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned counsel for respondent No.1 and learned Standing Counsel, who is appearing on behalf of State- respondent Nos.2 to 4. 2. This petition has been filed with the following prayers : "(i) issue a writ, order or direction in the nature of certiorari to quash/set aside the judgment and order dated 04.06.2025 passed in Claim Petition No.116/2016 as well as order dated 22.07.2015 passed by opposite party No.3, which was impugned in the claim petition, contained in Annexure No.1 to the writ petition and allow the writ petition in favour of the petitioner. (ii) issue a writ, order or direction in the nature of mandamus commanding/directing the opposite party No.3 to provide all incremental benefits and other service benefits alongwith interest from due date till actual payment made to the petitioner in pursuant to existing Govt. orders issued by the State Govt. (iii) issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. It is the case of the petitioner that he had filed the claim petition praying for quashing of the order dated 22.07.2015 passed by the District Magistrate, Amethi, by which he had been denied service benefits w.e.f. 20.10.2003, such as annual increments, promotional pay scale and revised pay scale, etc., only because of the punishment order issued, reverting him to his basic pay and awarding a censure entry in disciplinary proceedings, which concluded by order dated 21.10.2003. The learned Tribunal recorded the fact of the petitioner approaching this Court in Writ Petition No.5602 (S/S) of 2014, which was disposed of with a direction to the petitioner to approach the District Magistrate for payment of salary for the substantial period. The District Magistrate passed an order directing Versus Counsel for Petitioner(s) : Shrawan Kumar Verma Counsel for Respondent(s) : Shikhar Anand, C.S.C. Hausila Prasad Yadav .....Petitioner(s) State Public Service Tribunal Indira Bhawan Lko. Thru. Registrar And 3 Others .....Respondent(s) payment of salary for such pension period. The Tribunal noted that the petitioner filed Writ Petition No.2363 (S/S) of 2015 thereafter, praying for service benefits, which was disposed of by this Court by an order dated 13.05.2015 with liberty to the petitioner to approach the District Magistrate, Amethi, with a fresh representation. The petitioner filed a fresh representation on 25.05.2015. The District Magistrate decided the said representation by his order dated 22.07.2015. 4. The Tribunal observed that the argument raised by the counsel for the petitioner was regarding non-compliance with the order dated 13.05.2015 passed by this Court in Writ Petition No.5602 (S/S) of 2014 and rejected the claim petition, directing him to approach this Court by filing a contempt petition in case he alleges non-compliance with this Court's order dated 13.05.2015. 5. It has been submitted by the learned counsel for the petitioner that the order dated 13.05.2015 had been complied with when the District Magistrate rejected his representation by the order dated 22.07.2015. The petitioner was aggrieved by the order dated 22.07.2015, which denied service benefits to him on the ground that a punishment order had been issued against him. 6. We find that the order passed by learned Tribunal, impugned in this petition, appears to have been passed under some misapprehension that the petitioner alleged non-compliance with this Court's order dated 13.05.2015. In fact, the petitioner had challenged the order dated 22.07.2015, by which the order dated 13.05.2015 had been complied with and the representation of the petitioner has been decided, but it was rejected on merits. 7. The judgment and order impugned dated 04.06.2025 is set aside. The matter is remitted to the Tribunal to decide it afresh on merits as expeditiously as possible, say within a period of 9 months, subject to full cooperation of the petitioner in the hearing of the case. 8. The writ petition is allowed accordingly. October 16, 2025 Shubhankar WRIA No. 12266 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench