Rajendra Kumar Nigam vs U.P.Avas Evam Vikas Parishad ...
2018 Latest Caselaw 778 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
(C.M.Application No.36976 (S/S) of 2018)
 
In Re:-
 

 
Case :- SERVICE SINGLE No. - 6867 of 2004
 
Petitioner :- Rajendra Kumar Nigam
 
Respondent :- U.P.Avas Evam Vikas Parishad Lko.Through Its Chairman And 2
 
Counsel for Petitioner :- N.N.Jaiswal,N N Jaiswal
 
Counsel for Respondent :- R.K.Mehrotra,Mahesh Chandra
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Arvind Kumar Sinha, learned counsel for the applicant-petitioner and Sri Umesh Chandra Pandey, learned counsel for the opposite parties.

Learned counsel for the applicant-petitioner has submitted that the petitioner has filed an application before this Court on 02.04.2018 making request for release of the gratuity and pension.  Learned counsel for the petitioner has enclosed one representation dated 02.02.2018 along with aforesaid application indicating therein that the impugned recovery order has already been stayed by this Court vide order dated 20.11.2004 passed in the instant writ petition.  He has also submitted that vide subsequent order dated 06.10.2005 passed in Writ Petition No.6631 (S/S) of 2005, another of recovery has been stayed by this Court.  He has further submitted that the petitioner has retired from service on 30.11.2017, but no pensionery benefits have been provided to the petitioner. Therefore, he requested in his representation dated 02.02.2018 that till the pendency of the aforesaid writ petitions wherein the stay orders have been granted in his favour, amount of post retiral benefits be paid to the petitioner withholding the impugned amount of recovery i.e. Rs.1,26,319/-. He has also submitted that the payment of the aforesaid impugned amount may be subject to final outcome of the aforesaid writ petitions.

Therefore, keeping in view the aforesaid submission of learned counsel for the petitioner and also considering the statement of learned counsel for the opposite parties that this much order may be passed, I hereby direct the Housing Commissioner, U.P. Avas Evam Vikas Parishad, Lucknow to release the entire post retiral benefits to the petitioner withholding the amount of recovery of Rs.1,26,319/-, till the final disposal of the writ petitions wherein the stay order has been granted in favour of the petitioner, with expedition say within a period of six weeks from the date of presentation of the order of this Court.

Accordingly, the application is disposed of.

List this writ petition along with other connected writ petitions in the second week of July, 2018.

Order Date :- 22.5.2018

Suresh/

[Rajesh Singh Chauhan,J.]