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2025 DAILYLAW 202605 (ALL)

VIDYA SAGAR SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MINORITY WELFARE AND WAQF DEPTT. LKO. AND 7 OTHERS

WRIA/11990/2025 · 2025-10-28

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11990 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Supplementary affidavit filed today is taken on record. Heard Mr. Sabir Ali, learned counsel for the petitioner, Mr. Uday Veer Singh, learned counsel for the respondent nos.1, 2, 5, 6 & 8 and Mr. Vaibhav Mishra, learned counsel for the respondent nos.3 & 7. Present writ petition has been filed seeking following reliefs:- "(i) Issue a Writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties, specially the Opposite Party No.1 to absorb the petitioner in compliance of recommendation order dated 08.05.2017, and letter dated 05.07.2022, as contained in Annexure No.1 & 2 to this writ petition. (ii) Issue a Writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to give salary to the petitioner on the basis of 7th Pay Commission and further pay him the D.A. and Medical Reimbursement." Mr. Uday Veer Singh, learned counsel for the State submits that the petitioner has been paid salary and other allowances uptil month of September 2025 and there is no further grievance so far as the prayer made in the writ petition is concerned. Mr. Vaibhav Mishra, learned counsel for the respondent nos. 3 and 7 submits that the petitioner did not fill up the requisite formalities regarding payment of salary and, therefore, the same was not done. Versus Counsel for Petitioner(s) : Sabir Ali, Mohd. Islam Khan Counsel for Respondent(s) : C.S.C., Vaibhav Mishra Vidya Sagar Srivastava .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Minority Welfare And Waqf Deptt. Lko. And 7 Others .....Respondent(s) Learned counsel for the petitioner submits that on 26.2.2018, the committee of Uttar Pradesh Alpsankhyak Vittiya Evam Vikas Nigam Ltd. recommended for merger of services of the petitioner in certain other departments and that has not been considered as yet. After the argument aforesaid, learned counsel for the petitioner submits that the interest of justice would be subserved if this Hon'ble Court may be pleased to permit the petitioner to raise his fresh claim by way of representation before the respondent no.1 and the respondent no.1 may be directed to consider and decide the same within stipulated period of time as may be fixed by this Court. Learned counsel for the respondents have no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the petitioner is given liberty to move fresh representation while raising his claims before the respondent no.1 within 15 days and in case such representation is made, the respondent no.1 is directed to decide the same in accordance with law, within a period of two month from the date of production of certified copy of this order before him. With the aforesaid observations, the writ petition is disposed of. October 28, 2025 Ram Murti WRIA No. 11990 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench