BRIJ BIHARI AND 4 OTHERS v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIA/11898/2025 · 2025-08-19
Mayur Jain Jt Registrar J Listing
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[ 2025 DAILYLAW 86437 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86437 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142558 Court No. - 32 Case :- WRIT - A No. - 11898 of 2025 Petitioner :- Brij Bihari And 4 Others Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- C.S.C.,Chandan Sharma Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed seeking following main prayers:-
"a) issue an appropriate order, direction or writ in the nature of Mandamus commanding and directing the Respondents-authorities to extend the benefit of Old Pension Scheme to the petitioners with all consequential benefits by counting their past services rendered in the University as daily wager on substantive posts in regular service; or in the alternative, b) issue an appropriate order, direction or writ in the nature of Mandamus commanding and directing the Respondent No. 3 Registrar (Kul-Sachiv), Deen Dayal Upadhyay Gorakhpur University, Gorakhpur to decide petitioners' representation dated 31.01.2025 (Annexure 5) in accordance with law regarding grant of benefit of Old Pension Scheme by counting their past services rendered in the University as daily wager in regular service, within stipulated time as granted by this Hon'ble Court;"
2. Learned counsel appearing on behalf of the petitioners submitted that the petitioners made a representation before respondent no.1, Vice Chancellor, Deen Dayal Upadhyay, Gorakhpur University, Gorakhpur on 31.01.2025. The same has been forwarded to respondent no.3, Registrar/Kul-Sachiv, Deen Dayal Upadhyay, Gorakhpur University, Gorakhpur, which is pending before him.
3. Learned counsel appearing on behalf of the petitioners without entering into merits of the case, made an innocuous prayer that petitioners' representation, which is pending before respondent no.3, may be directed to be decided in accordance with law, in time bound manner.
4. Learned counsel appearing on behalf of respondent nos.2 & 3 - University submitted that he has no objection in deciding the
representation of the petitioners pending before the Registrar of the University, as stated by learned counsel for the petitioners during
arguments.
5. Heard learned counsel appearing on behalf of the petitioners, Ms. Manjula Singh, learned Standing Counsel appearing on behalf of the State-respondents, Mr. Chandan Sharma, learned counsel appearing on behalf of respondent nos.2 & 3 and perused the contents made in the writ petition.
6. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioners as no objection made on behalf of learned counsel appearing on behalf of the respondents-University. Respondent no.3, Registrar/Kul-Sachiv, Deen Dayal Upadhyay, Gorakhpur University, Gorakhpur is directed to decide the representation of the petitioners dated 31.01.2025 which is pending before him, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receipt of certified copy of this order.
7. With the aforesaid directions/observations, the present writ petition is disposed of. . (Chandra Dhari Singh, J.)
Order Date :- 20.8.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad