Allahabad High Court
/7203/2023 of DEV NARAYAN DUBEY AND ANOTHER Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF IRRIGATION LKO. AND 4 OTHERS on 4 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7203 of 2023 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned state counsel for opposite parties. 2. Petition has been filed seeking following prayers:- " a ) Issue a writ, order or direction in the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 7203 of 2023
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. Petition has been filed seeking following prayers:- " a) Issue a writ, order or direction in the nature of mandamus directing the Opposite Party Nos. 2, 3, 4 & 5 to compute the period rendered by the Petitioners Nos. 1 & 2 as Daily Wager and Work Charge employees in their services for the purpose of qualifying service.
b) Issue a writ, order or direction in the nature of mandamus directing the Opposite Party Nos. 4 & 5 to continue deduction of money from the salary of the Petitioners Nos. 1 & 2 under New Pension Scheme (NPS)."
3. Learned counsel for petitioner has relied upon judgment rendered by Hon'ble the Supreme Court in Prem Singh v. State of U.P. and others reported in (2019) 10 SCC 516 as well as judgment rendered by this Court in the case of Jai Ram Sharma v. State of U.P. and others [WRIT - A No. - 731 of 2024].
4. Since petitioner's grievances would require consideration of factual aspects, liberty is granted to petitioner to make a fresh representation before opposite party No. 3 i.e. Superintendent Engineer, Department of Irrigation, Telibagh, Lucknow or any other competent authority. In case such a representation is filed, the same is required to be decided in the light of Versus Counsel for Petitioner(s) : Saryu Prasad Tiwari Counsel for Respondent(s) : C.S.C. Dev Narayan Dubey And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Irrigation Lko. And 4 Others .....Respondent(s)
judgments rendered in the cases of Prem Singh (supra) and Jai Ram Sharma (supra) in case the same are applicable, within a period of eight weeks from the date a certified copy of this order is produced before the said authority.
4. The petition stands disposed of. December 4, 2025 prabhat WRIA No. 7203 of 2023 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench