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2025 DAILYLAW 83355 (ALL)

ASHOK KUMAR MISHRA v. STATE OF U.P. AND 4 OTHERS

WRIA/11271/2025 · 2025-08-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144544 Court No. - 32 Case :- WRIT - A No. - 11271 of 2025 Petitioner :- Ashok Kumar Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking the following main prayers:- "i. Issue a writ, order or direction in the nature of mandamus directing the Deputy Director of Education Varanasi Region, Varanasi to consider for granting pension to the petitioner after attaining age of superannuation on 31.03.2024 under Rule 1964. ii. Issue a writ, order or direction in the nature of mandamus directing the Deputy Director of Education Varanasi Region, Varanasi to pass appropriate order on the representation made by the petitioner for granting pension and other retiral benefits." 2. Learned counsel appearing on behalf of petitioner without entering into merits of the case, made an innocuous prayer that the petitioner may be permitted to file a fresh representation before respondent no.2 and a direction may be issued to him to decide the same in time bound manner. 3. Learned Standing Counsel appearing on behalf of the State- respondents vehemently opposed the writ petition on merits, but has not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner, Sri Awadhesh Kumar Mishra, learned Standing Counsel appeared on advance accepted notice on behalf of the State-respondents, perused the contents made in the writ petition and the documents on record. 5. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Standing counsel appearing on behalf of State-respondents. Petitioner is directed to file a fresh representation along with present writ petition as well as certified copy of this order before respondent no.2 within 10 days from the date of production of certified copy of this order. After receiving the said representation, respondent no.2, Deputy Director of Education, Varanasi Region, Varanasi is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receiving of the said representation. 6. With the aforesaid directions/observations, the present writ petition is disposed of. . (Chandra Dhari Singh, J.) Order Date :- 22.8.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad