Smt. Jagatri Devi vs State Of U.P. And 3 Others
2019 Latest Caselaw 3040 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- WRIT - A No. - 5898 of 2019
 

 
Petitioner :- Smt. Jagatri Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Santosh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

The petitioner, whose case is that she was given compassionate appointment on a Class IV post, after death of her husband, had retired attaining the age of superannuation, but her retiral benefits are not being paid, despite a direction the said effect in Writ A No. 8079 of 2010. It is submitted that the petitioner has filed a representation on 19.11.2018 before the Principal of the Institution, but the Principal has not forwarded the documents to the Educational Authorities.

However, the submission made in this regard is not correct. It is evident from the documents annexed with the petition that in response to the representation dated 19.11.2018, the Principal of the Institution, by letter dated 1/3.12.2018 requested the petitioner to remain present in his office for signing necessary documents, so that further action could be taken in the matter.

Counsel for the petitioner does not dispute that the petitioner has not complied with the direction contained in the letter of the Principal and has not appeared before him to complete the formalities.

Having regard to the said factual position, this Court is not inclined to issue any mandamus, as sought for in the instant petition, but leaves it open to the petitioner to ensure compliance of the direction contained in the letter of the Principal dated 1/3.12.2018 and complete the formalities, as required. It goes without saying that in the event, the petitioner completes all the formalities, the Principal of the Institution would forward the documents to the Educational Authorities, without any delay.

The petition stands disposed of accordingly.

(Manoj Kumar Gupta, J.)

Order Date :- 16.4.2019

AM/-