Allahabad High Court
WRIA/14604/2025 of BENCHE LAL KISAN Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. HORTICULTURE CIVIL SECTT. LKO. AND 2 OTHERS on 17 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14604 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. The present petition has been filed with the following main reliefs:- "i. Issue a writ, order or
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 14604 of 2025
Court No. - 7
HON'BLE MANISH MATHUR, J.
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1. Heard learned counsel for petitioner and learned State counsel for opposite parties.
2. The present petition has been filed with the following main reliefs:- "i. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to restraining them from making any deductions for Sundays and other Gazetted Holidays.
ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to pay minimum of pay scale to the petitioner along with dearness allowance regularly without deducting the payment for Sundays and other Gazetted and State Government declared holidays from the salary account and not from the wages account as paid to other similarly situated persons.
iii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay the arrears of minimum of pay from the year 23.01.2017 with interest.."
3. Learned counsel for petitioner has drawn attention to order dated 26.03.2003 whereby such benefits as claimed by petitioner have already been directed to be ensured.
4. Since consideration of petitioner's grievance would entail factual Versus Counsel for Petitioner(s) : Mohd. Ateeq Khan Counsel for Respondent(s) : C.S.C. Benche Lal Kisan .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Horticulture Civil Sectt. Lko. And 2 Others .....Respondent(s)
aspects, without entering into merits of the case, liberty is granted to petitioner to file a fresh representation before opposite party No.2 i.e. Director, Horticulture & Food Processing, Lucknow. In case such a representation is filed, the same shall be decided in the light of orders dated 26.03.2003 and 07.06.2006 within a period of six weeks from the date a certified copy of this order is produced before the said authority. In case petitioner is found entitled for the aforesaid benefits, actual payment thereof shall be ensured within a period of six weeks thereafter. The concerned authority shall also consider the aspect of interest on delayed payment.
5. With the aforesaid directions, the writ petition stands disposed of. December 17, 2025 Subodh/- WRIA No. 14604 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench