Neutral Citation No. - 2025:AHC:39106 Court No. - 6 Case :- WRIT - A No. - 3376 of 2025 Petitioner :- Smt. Raj Kishori Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nisheeth Yadav,Rupesh Sharma Counsel for Respondent :- C.S.C.,Chhaya Gupta Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Nisheeth Yadav, learned counsel for the petitioner and Ms.Chhaya Gupta for respondent nos. 2 to 4. 2. Representation of the petitioner to grant pension was rejected vide order dated 26.12.2024 on ground that since post was not created and service of the petitioner was not regularized, therefore, his services cannot be included for the purpose of pension. 3. Learned counsel for the petitioner placed reliance on judgments passed by this Court, Lucknow Bench as well as of Supreme Court in Dr. Hari Shankar Asopa Vs. State of U.P. & Anr (1989) 1 UPLBEC 501, Service Bench No.212 of 2014, State of U.P. Through Principal Secretary Revenue Department Lucknow & 2 Ors. Vs. Sugreev Ram & 2 Ors, decided on 10.5.2017, Special Appeal No.117 of 2022, Ghaziabad Development Authority, Ghaziabad Vs. State of U.P. & Anr. Neutral Citation No.2022:AHC:98847-DB and Special Leave to Appeal (C) No.1109/2022, The State of Gujarat & Ors. Vs. Talsibhai Dhanjibhai Patel decided on 18.2.2022 that in similar circumstances, petitioners therein were held to be entitled for pension. 4. Learned counsel for the respondents submits that these judgments were not placed before the concerned respondent along with the representation. 5. So far as facts is concerned, there is not much dispute. 6. In the aforesaid circumstances, Court is of the view that liberty be granted to the concerned respondent to pass a fresh order taking note of above referred judgments since they were not placed on record earlier. 7. In the aforesaid circumstances, impugned order dated 26.12.2024 is set-aside and the matter is remanded to respondent no.3 to pass a fresh order. 8. It is observed that at this stage, Court has not entered into the merits of the case i.e. whether aforesaid judgments are squarely applicable in the facts of the present case or not, therefore, concerned respondents will decide the issue on merit. 9. With the aforesaid observation, this Writ Petition is disposed of. Order Date :- 19.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad