Harish Chandra Saini vs State Of U.P. And 5 Others
2017 Latest Caselaw 2876 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - A No. - 33687 of 2017
 
Petitioner :- Harish Chandra Saini
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Shyam Narain Pandey,Shravan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Shyam Narain Pandey, learned counsel for the petitioner and Sri Shivendra Gupta holding brief of Sri Pankaj Kumar Shukla, learned counsel appearing for the respondent nos. 2 to 6.

The petitioner, who happens to be Assistant Engineer, is aggrieved by non payment of post retiral dues. It is contended that the petitioner had retired on 28.02.2013 but nothing has been paid to the petitioner towards post retiral benefit.

Considering the facts and circumstances of this case, without expressing any opinion on merit of the matter the writ petition is disposed of with liberty to the petitioner to file an application alongwith certified copy of the order of this Court before respondent no.5, who according to the petitioner happens to be the competent authority, for the redressal of such grievance. In case, such application is filed an appropriate order shall be passed thereon within a period of 10 weeks from the date of receipt of the application. In case, the concerned respondent no.5, finds that he is not competent authority in that eventuality the matter shall be referred by him to the competent authority within fifteen days from the date of receipt of the application and the competent authority thereafter shall take decision thereon within further period of ten weeks from the date of the receipt of records from the office of respondent no.5.

In case, while taking decision the competent authority finds that the petitioner is entitled for the relief claimed, the payment shall be ensured within a further period of two months from the date of the order alongwith six percent interest.

In case, the competent authority finds that petitioner is not entitled for payment of the post retiral dues, reasons for the same may be recorded.

It may be clarified that we have not addressed ourselves on the merit of the matter and it will be in the sole domain of the competent authority to pass an independent order in accordance with law.

Order Date :- 1.8.2017/Swati