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2025 DAILYLAW 23385 (ALL)

CHARAN SINGH SHARMA v. State of UP AND 4 OTHERS

WRIA/2415/2024 · 2025-07-30

Mayur Jain Jt Registrar J Listing

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Judgment text

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Neutral Citation No. - 2025:AHC:128323 Court No. - 32 Case :- WRIT - A No. - 2415 of 2024 Petitioner :- Charan Singh Sharma Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Raghvendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. After some length of argument, learned counsel for the petitioner prayed leave to file a fresh representation before the authority concerned regarding his claim. 2. Leave granted. 3. The inst instant petition has been filed seeking for the following relief:- " i. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.05.2023 passed by Deputy Director (Secondary Education), Dwadash Division, Moradabad/respondent no.3. (Annexure No.9 of the writ petition) ii. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to determine the pension and post retiral benefits to the petitioner on the basis of the salary last drawn on the post of Officiating Principal, i.e. Rs.1,49,122/-. iii. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to determine and pay the arrear of pension and post retiral benefits to the petitioner with interest as may be Adetermined by this Hon'ble Court within stipulated period, as may be specified by this Hon'ble Court. iv. issue a writ, order or direction in the nature of mandamus commanding the Deputy Director Division, (Secondary Education), Dwadash Moradabad/ respondent no.3 to decide the representation of the petitioner dated 09.11.2023. (Annexure No.8 to the writ petition)" V. issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to decide the representation of the petitioner 9-11.2023 within stipulated time as directed by this Hon'ble Court." 4. Learned counsel appearing on behalf of petitioner without entering into the merits of the case made innocuous prayer that his representation dated 9.11.2023 pending before respondent no. 3 may be directed to be decided in time bound manner. 5. Sri Shishir Tiwari, learned standing counsel appearing on behalf of State-respondents vehemently opposed the petition on merit, but has not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioner. 6. Heard Sri Raghivendra Pratap Singh, learned counsel appearing on behalf of the petitioner and Sri Shishir Tiwari, learned Standing Counsel and perused the contents made in the writ petition. 7. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made by learned standing counsel. The petitioner is directed to file a fresh detailed representation along with the present writ petition and certified copy of this order before respondent no. 3 - Deputy Director (Secondary Education), Dwadash Division, Moradabad within 10 days. After receiving the said representation, the respondent no. 3 is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receipt of the said representation. 8. With the aforesaid directions/observations, the present writ petition is disposed of. Order Date :- 31.7.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad