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2025 DAILYLAW 97282 (ALL)

RAM PRASAD SINGH v. THE STATE OF U.P. AND 7 OTHERS

WRIA/14066/2025 · 2025-09-17

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14066 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Instruction placed today is taken on record. 2. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Pratyush Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Vivek Kumar Singh, learned panel counsel for the Union of India, namely respondent Nos. 2 & 3. 3. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command respondent No.- 8 to consider the request of the petitioner to join back on the post of constable in 41 Battalion PAC from where he was sent on deputation previously in the year 1999 on a short term tenure. 4. It is contended that in the year 2007 he fell ill and, therefore, he could not travel to India to report back to the Battalion and in the meanwhile his passport had also got expired which was a short term passport. He tried to apply for the renewal of the passport but renewal was not made and even passport was impounded. However, when the entire world got under severe impact by Pandemic Covid-19, he got repatriated in those special circumstances to India in the year 2020 and then he pursued thereafter for his re-joining in the Battalion. 5. It is submitted that in this regard his application has remained pending consideration before the respondent No.- 8, who has not passed any order in the matter till date. 6. Per contra, it is argued by Sri Vivek Kumar Singh, learned panel counsel for the respondent Nos. 2 & 3 and Sri Jitendra Prasad, learned Standing Counsel for the State respondents that petitioner has not been able to demonstrate as to under what circumstances he stayed back in United States of America inasmuch as no such medical report or other documentary evidence has been brought on record which may justify his Versus Counsel for Petitioner(s) : Pratyush Srivastava, Shyam Sharan Shrivastava Counsel for Respondent(s) : A.S.G.I., C.S.C. Ram Prasad Singh .....Petitioner(s) The State Of U.P. And 7 Others .....Respondent(s) overstay in United States of America. 7. 7. Be that as it may, since the claim of the petitioner is pending before the respondent No.- 8 as raised in his representation/ application dated 16th November, 2024 and subsequent reminders made thereof with respondent No.- 8, I consider it appropriate that respondent No.- 8 to pass appropriate final reasoned and speaking order upon application moved by the petitioner within a period of two months from the date of presentation of certified copy of this order. 8. It is made clear that this Court has not made any observations on merit and the application of petitioner shall be disposed of on its own merit by the authority strictly in accordance with law. September 18, 2025 Atmesh WRIA No. 14066 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad