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2025 DAILYLAW 81459 (ALL)

MOHD FAHIM v. HIGH COURT OF JUDICATURE AT ALLAHABAD AND 2 OTHERS

WRIA/10883/2025 · 2025-08-20

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144024 Court No. - 4 Case :- WRIT - A No. - 10883 of 2025 Petitioner :- Mohd Fahim Respondent :- High Court Of Judicature At Allahabad And 2 Others Counsel for Petitioner :- Nirbhay Singh,Tanuj Shahi Counsel for Respondent :- Ashish Mishra,C.S.C. Hon'ble Ajit Kumar,J. 1. Instructions placed today are taken on records. 2. Heard Shri Tanuj Shahi, learned counsel for petitioner, Shri Chandan Sharma, learned counsel for respondent No. 1 and 2 and learned Standing Counsel. 3. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for quashing of the order impugned dated 09.06.2025 passed by the respondent No. 3 by which petitioner's gratuity amount to the tune of Rs. 8,95,196/- has been withheld on the ground of wrong pay fixation. 4. It is contended that the claim of the petitioner is identical to the one involved in writ A No. 9576 of 2024 Rakesh Pratap Singh v. High Court of Judicature at Allahabad and others and hence similar order can be passed in the present case as well directing for release of the amount and quashing of the order impugned. 5. Shri Chandan Sharma, learned counsel for respondents No. 1 and 2 has obtained instructions in the matter and as per the instructions so obtained the only difference in the claim of the petitioner and that of Rakesh Pratap Singh is that here in this case petitioner has taken voluntary retirement whereas other petitioners had retired from the department upon attaining the age of superannuation. 6. Considering the facts and circumstances of the case and the pleadings raised, in my considered view this petitioner also deserves the same relief as was granted to Rakesh Pratap Sigh in writ A No. 9576 of 2024 and also the relief granted in the case of Shyam Shanker Saroj v. High Court of Judicature at Allahabd and others on the basis of order passed in the case of Rakesh Pratap Singh. 7. Accordingly, this petition also stands disposed of in terms of the order passed in the case of Rakesh Pratap Sigh v. High Court of Judicate at Allahabad and others writ A No. 9576 of 2024. In the circumstances the order dated 09.06.2025 passed by respondent No. 3 is hereby quashed insofar claim of petitioner for gratuity is concerned. Order Date :- 21.8.2025 Nadeem WRIA No. 10883 of 2025 2 Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad