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2025 DAILYLAW 61407 (ALL)

ASHOK KUMAR SONKAR v. STATE OF U.P. AND 3 OTHERS

WRIA/7488/2025 · 2025-05-26

Jayant Banerji

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89954 Court No. - 7 Case :- WRIT - A No. - 7488 of 2025 Petitioner :- Ashok Kumar Sonkar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjeet Kumar Mishra Counsel for Respondent :- C.S.C.,Jagdish Pathak,Rakesh Kumar Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner. Sri Rakesh Kumar, learned counsel appears for respondent nos. 2 and 3. Counsel for the respondent no.4 is also present. The respondent no.1 is represented by the learned Standing Counsel. 2. This petition has been filed seeking the following relief:- "1. A writ, order or direction in the nature of mandamus directing the respondent no.2 to grant th pension to the petitioner from the date of retirement of the petitioner and to pay him his arrears of pension alongwith interest and also pay his pension month to month regularly." 3. It appears that the petitioner had earlier filed Writ-A No. 10158 of 2022, which was disposed of by means of order dated 18.7.2022 directing the respondents to decide the representation of the petitioner. The previous writ petition was filed for a direction to the respondent authority to pay Employees Provident Fund, Gratuity, Pension and other post retiral benefits to the petitioner. Admittedly, the petitioner was working as a daily wager. 4. By means of an order dated 17.9.2022, the respondent- University rejected the claim of the petitioner to pension and gratuity since the petitioner was not covered by the Government Order dated 10.7.2012. While passing the order, it was observed that the petitioner can claim provident fund from the respondent no.4. It appears that thereafter in proceeding before the Controlling Authority under the Payment of Gratuity Act, 1972, who directed payment of gratuity to the petitioner by order dated 27.12.2024. Thereafter, it is stated that the respondents have challenged the aforesaid order dated 27.12.2024. 5. Learned counsel for the petitioner states that a representation has been filed before the Vice Chancellor on 1.2.2025 that is enclosed as Annexure-9 to the writ petition. A perusal of the same reflects that the petitioner is seeking pension on the basis of minimum wages of Rs. 18,000/ per month. Since, the representation of the petitioner pursuant to previous order of this Court has already been rejected by the respondent-University, there is no cause or occasion to interfere in this writ petition given the relief sought in this petition. 6. This petition is, therefore, dismissed. Order Date :- 27.5.2025 sfa/ (Jayant Banerji, J) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad