Neutral Citation No. - 2025:AHC:86036 Court No. - 4 Case :- WRIT - A No. - 6330 of 2025 Petitioner :- Lallan Bahadur Srivastava Respondent :- State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Pramod Kumar Sinha Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has approached this Court for a writ of mandamus to command respondent no. 5 to consider his representation dated 15.04.2025 for grant of pension. 3. The claim set up by the petitioner is on the ground that petitioner along with one Jagannath Prasad was initially appointed on ad-hoc basis in the year 1988 as Routine Grade Clerk and continued as such until he as well as Jagannath Prasad came came to be fired orally from employment on 31.05.1989. While Jagannath Prasad approached this Court by filing writ petition being Writ - A No. 21472 of 1990 interim order was passed in his favour directing for his reinstatement, petitioner on the other hand approached the U.P. State Services Tribunal by filing claim petition registered as Case No. 256 of 1990, in which he was also granted interim order on 09.10.1991. Resultantly petitioner was also permitted joining like Jagannath Prasad on 04.11.1991. The said claim petition subsequently came to be allowed on 20.12.1995 directing not only for continuance of the petitioner but also for consideration of his regular appointment, in the event any future selection/ regularization takes place and against the said order passed by the Tribunal, writ petition filed by the State of U.P. came to be dismissed Service Single No. 5041 of 1996 on 20.02.2017. Thus, petitioner continued in employment until he attained the age of superannuation on 30.09.2021. 4. What the petitioner laments is that since he could not approach this Court for regularization as there was already an order passed by the Tribunal, but Jagannath Prasad who had approached this Court by filing a writ being Writ - A No. 32371 of 2012, his petition stood allowed on 02.05.2024 and regular appointment was offered to Jagannath Prasad and consequential payment of post retirement dues including pension, but petitioner has been denied. 5. It is argued on behalf of the petitioner that in view of the Uttar Pradesh Regularization of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' and Group 'D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016, petitioner's claim for regularization should have been automatically considered by the regularization committee of the department and therefore, for the fault of department, petitioner cannot be put to blame and cannot be denied benefits whereas the similarly situated Jagannath Prasad has been accorded all the service benefits including post retirement benefits. 6. In such above view of the matter, therefore, learned counsel for the petitioner submits that his claim deserves to be considered by the competent authority namely the District Magistrate at par with that of Jagannath Prasad. 7. Sri Sinha has submitted that in the above regard petitioner has already made a representation dated 15.04.2025, which may be directed to be disposed of by the concerned competent respondent namely the respondent no. 5. 8. In view of the above, this petition stands disposed of with a direction that respondent no. 5 shall consider the grievance of the petitioner raised in his representation and decide the same within a period of two months from the date of receipt of certified copy of this order considering his claim for treatment at par with Jagannath Prasad. 9. Needless to add the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. Order Date :- 21.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad