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Neutral Citation No. - 2025:AHC:78616 Court No. - 6 Case :- WRIT - A No. - 6587 of 2025 Petitioner :- Jagpal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Krishna Yadav Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Ram Krishna Yadav, learned counsel for the petitioner and Sri M.L.Gupta, learned Standing Counsel.
2. This is the second round of litigation.
3. Petitioner's grievance was considered in pursuance of an order passed in the earlier round of litigation. However, his claim to grant an opportunity to deposit (Managerial Contribution) for ACP with interest was not accorded on ground that it was beyond the cut off date, fixed in terms of Government Order dated 5.2.1017.
4. Learned counsel for the petitioner submits that in similar circumstances a co-ordinate Bench of this Court in Writ-A No.12829 of 2022, Dammi Lal Shakya Vs. State of U.P. & Ors, Neutral Citation No.2024:AHC:107150, which was disposed of vide order dated 2.7.2024, directing the respondents to allow the said petitioner to deposit managerial contribution along with interest in terms of relevant scheme and applicable Government Orders for ACP.
5. Learned counsel for the petitioner further submitted that aforesaid order is under challenge before Division Bench in Special Appeal Defective No.769 of 2024.
6. Learned Standing Counsel submits that aforesaid order was not placed before the respondents, therefore, it was not considered and since it is now under challenge before a Division Bench in Special Appeal Defective No.769 of 2024, therefore, at this stage it may not be relied upon.
7. I have considered above submissions and I am satisfied that case of the petitioner is squarely covered by Dammi Lal Shakya (supra).
8. Court also takes note that since above referred Special Appeal is pending before Division Bench, no interim order is placed on record, therefore, this writ petition is disposed of in terms of Dammi Lal Shakya (supra) and impugned order dated 11.4.2025 is set-aside. However, this order will be subject to outcome of Special Appeal Defective No.769 of 2024. Order Date :- 14.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad