DINESH GUPTA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIA/4270/2025 · 2025-04-07
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33964 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33964 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50198 Court No. - 5 Case :- WRIT - A No. - 4270 of 2025 Petitioner :- Dinesh Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh Hon'ble Ajay Bhanot,J. The petitioners claim that they are entitled for pension and other retiral benefit. The representations in this regard have been made by the petitioners. However the same have not been decided till date. Shri Bhagwan Dutt Pandey, learned counsel for the petitioners contends that the case of the petitioners is covered by the judgment of this Court in Jail Prakash Tripathi v. State of U.P. reported at (2023) 0 Supreme (All) 630. Learned Standing Counsel for the respondent No.1 and Shri Narendra Pratap Singh, learned counsel for the respondent No.2 and 3 submit that the matter requires factual determination as per applicable law by the competent authority in the first instance. They, however, fairly contend that the issue regarding payment of pension and other retiral benefit has to be determined by the competent authority within a reasonable time frame. In wake of the preceding discussion and without going into the merits of the case, the respondent-Gorakhpur
Development Authority, Gorakhpur is directed decide the representations of the petitioners regarding payment of pension and other retiral benefit as per law within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of representation. The applicability of the said judgement of this Court in Jail Prakash Tripathi (supra) is mixed question of a matter of fact and law which needs to be determined by the competent authority. With the aforesaid directions, the writ petition is finally
disposed of.
Order Date :- 8.4.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad