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2025 DAILYLAW 56360 (ALL)

ROHTASH KUMAR v. STATE OF U.P. AND 4 OTHERS

WRIC/15292/2025 · 2025-05-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80006 Court No. - 33 Case :- WRIT - C No. - 15292 of 2025 Petitioner :- Rohtash Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohd Adil Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the following prayers:- I. Issue a writ, order or direction in the nature of Mandamus commanding/directing respondents authorities specially Respondent No.2 or 3 to provide his appointment with all consequential benefits including fixation of pay. (Annexure No. 9 to the writ petition). II. Issue a writ order or direction in the nature of mandamus commanding Respondent no. 2,3 to fix the responsibility regarding the posting order dated 25.02.2025 and punish the erring officials. 2. It appears from perusal of the record that earlier the petitioner has approached this Court by filing Writ C No.41341 of 2024 (Rohtash Kumar Vs. State of U.P. and others) decided on 16.01.2025 which reads as follows:- 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of the present writ petition petitioner seeks the following reliefs: "I. Issue a writ, order or direction in the nature of certiorari directing the respondent authorities specially Respondent No. 5 (Shree Anuj Verma) Labor Enforcement Officer, Sambhal, District Sambal) complete the enquiry regarding the order dated 02.05.2024 passed by respondent no. 6 (Assistant Labor Commissioner, Municipal Council Sambhal, District Sambhal), District Sambhal (Annexure No. 6 to the writ petition). II. Issue a writ order or direction in the nature of mandamus directing the respondent nos. 2, 3 and 4, 5 to consider and decide the representation of the petitioner dated 11.10.2024 within stipulated period." 3. Learned counsel for the petitioner submits that he is not pressing the prayer no. 1 as the same has been incorrectly drafted. 4. Accordingly the prayer no. 1 is permitted to be withdrawn. 5. In respect of prayer no. 2 learned counsel for the petitioner submits that his representation dated 11.10.2024 be decided. 6. Learned Standing Counsel submits that the representation of the petitioner shall be decided. 7. In view of the facts and circumstances of the case, the writ petition is disposed of directing the respondent no. 4, Assistant Labour Commissioner, Municipal Council Sambhal, District Shambhal, to consider and decide the representation of the petitioner in accordance with law expeditiously preferably within two months from the date of production of certified copy of this Court. 3. Pursuant to the aforesaid order, the petitioner approached the respondent No.4/Assistant Labour Commissioner, Municipal Council Sambhal, District Sambhal by filing a representation. On the aforesaid representation, a letter dated 10.02.2025 was written by respondent No.4 to the respondent No.2/Branch Manager of BIS Lucknow, Bombay Intelligence Security (India). It is argued that considerable time has already been lapsed in the matter but till date no decision has been taken in the matter. 4. Heard learned counsel for the parties and perused the record. 5. In the facts and circumstances of the case,the present petition is disposed of directing the respondent No.4/Assistant Labour Commissioner, Municipal Council Sambhal, District Sambhal to take a decision in the matter most expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order but after obtaining necessary papers/documents/information from the respondent No.2/Branch Manager of BIS Lucknow, Bombay Intelligence Security (India). Order Date :- 15.5.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad