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2025 DAILYLAW 39948 (ALL)

ANIL KUMAR SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS

WRIA/4679/2025 · 2025-07-07

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107802 Court No. - 5 1. Case :- WRIT - A No. - 4679 of 2025 Petitioner :- Anil Kumar Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pramod Kumar Panday,Sharad Chandra,Shyam Singh Counsel for Respondent :- C.S.C.,Nilamber Tripathi,Ravi Prakash Pandey 2. Case :- WRIT - A No. - 4126 of 2025 Petitioner :- Jay Ram Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh 3. Case :- WRIT - A No. - 4480 of 2025 Petitioner :- Sharda Prasad Tiwari And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh 4. Case :- WRIT - A No. - 4510 of 2025 Petitioner :- Rama Shankar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh 5. Case :- WRIT - A No. - 4514 of 2025 Petitioner :- Prem Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Yadav,Shivam Yadav Counsel for Respondent :- C.S.C.,Tejasvi Misra 6. Case :- WRIT - A No. - 5489 of 2025 Petitioner :- Singhasan Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh 7. Case :- WRIT - A No. - 5665 of 2025 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh 8. Case :- WRIT - A No. - 5666 of 2025 Petitioner :- Mithilesh Tripathi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Pramod Kumar Panday,, Sri Bhagwan Dutt Pandey, Sri Shivam Yadav, learned counsel for the petitioners and Sri Narendra Pratap Singh, Sri Tejasvi Misra and Sri Nilamber Tripathi, learned counsel for the respondents. 2. After arguing at length, learned counsel for parties are in agreement that this Court may instead of deciding the issue as to whether petitioners are entitled for pension despite they do not possess qualifying service after their regularization as there are judgments which indicate that for purpose of qualifying service for pension, deficit period can be taken prior to the order of regularization subject to service rules of employee and therefore prayed that all the writ petitions may be disposed of with a direction that claim of petitioners will be considered in light of the judgments referred during arguments in Prem Singh Vs. State of Uttar Pradesh & Ors, (2019) 10 SCC 516 and Udai Pratap Thakur & Anr. Vs. State of Bihar & Ors, 2023 SCC Online SC 527 and their respective claims be decided in accordance with law within a short period. 3. Petitioners will be at liberty to file a consolidated representation or independent representation within a period of three weeks. 4. In some of the matters, petitioners' claim has already been rejected, therefore, it is made clear that petitioners' claim be considered afresh without being influenced by rejection orders if already passed. 5. In one of the case, issue is in respect of family pension. However, it could depend on the outcome of decision as to whether petitioners are entitled for pension or not. 6. If the question in respect of arbitrariness is raised, same may also be considered. 7. Accordingly, all the writ petitions are disposed of. Order Date :- 8.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad