Ram Kishore And 14 Others vs. State Of U.P. Thru. Secy. Goods And Services Tax /Commercial Tax Lko. And Another
Facts
The petitioners, Ram Kishore and 14 others, filed a writ petition before the Allahabad High Court, Lucknow Bench. They sought relief concerning the counting of their service rendered as daily wage employees for pensionary benefits while they were still in service. The respondent was the State of Uttar Pradesh through the Secretary, Goods and Services Tax/Commercial Tax, Lucknow, and another. The State counsel raised a preliminary objection regarding the maintainability of the petition, arguing that it was premature as the petitioners were still in service and seeking benefits related to their past daily wage service for pension purposes.
Held
The Court did not decide the substantive issues raised by the petitioners. Instead, upon hearing the submissions from the learned State counsel regarding the preliminary objection of prematurity, the learned counsel for the petitioners, acting on instructions, sought permission to withdraw the petition. The Court granted this liberty, allowing the petitioners to file a fresh petition at a later stage when the cause of action accrues. No findings were made on the merits of the petitioners' claim regarding the counting of their daily wage service for pensionary benefits.
Key Issues
1. Whether the writ petition seeking pensionary benefits for service rendered as daily wage employees while the petitioners are still in service is maintainable as a premature petition? (Question of law) Arguments: Petitioner: The petitioners sought relief regarding the counting of their daily wage service for pensionary benefits. Respondent (State): The State counsel argued that the petition was premature because the petitioners were still in service and the relief sought pertained to pensionary benefits, which would accrue upon retirement. Therefore, the cause of action had not yet arisen.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC-LKO:50003 Court No. - 20 Case :- WRIT - A No. - 5466 of 2023 Petitioner :- Ram Kishore And 14 Others Respondent :- State Of U.P. Thru. Secy. Goods And Services Tax /Commercial Tax Lko. And Another Counsel for Petitioner :- Shashi Dhar Pathak,Avadhesh Kumar Singh,Dibya Deep Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties. Mr. V. K. Bajpai, learned State counsel appearing on behalf of opposite parties who has raised a preliminary objection regarding maintainability of petition since petitioner is seeking relief of counting of service rendered as a daily wage for purposes of pensionary benefit while still in service. It is therefore submitted that petition is premature. In view of submissions made by learned State counsel, learned counsel for petitioner upon instructions seeks to withdraw the petition with liberty to file a fresh as and when cause of action accrues. Order Date :- 28.7.2023 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench SUBOD
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.