Swayam Singh vs State Of U.P.Thru.Secy. Basic ...
2021 Latest Caselaw 2790 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 
Case :- SERVICE SINGLE No. - 4994 of 2021
 
Petitioner :- Swayam Singh
 
Respondent :- State Of U.P.Thru.Secy. Basic Education & Ors.
 
Counsel for Petitioner :- Sudhir Kumar Misra
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Shobhit Mohan Shukla, learned counsel for the opposite party Nos.2 & 3.

By means of this writ petition, the petitioner has prayed for the following relief:-

"A. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to compute the amount payable to petitioner's father towards gratuity in terms of the scheme and release the same with interest at the rate of 18% per annum.

B. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to decide the case of the petitioner in the light of the judgment passed in Writ-A No.17399 of 2019 (Usha Rani vs. State of U.P. and others on 07.11.2019."

It has been submitted by learned counsel for the petitioner that for redressal of his grievance, the petitioner has preferred representation to the Competent Authority, but no decision has been taken on the same till date, therefore, the petitioner has been suffering irreparable loss and injury.

Learned counsel for the petitioner has further submitted that the petitioner may be permitted to prefer afresh representation to the opposite party No.2 i.e. the District Basic Education Officer, Sitapur and the direction may be issued to him to consider and decide the said representation of the petitioner with expedition.

Learned counsel for the opposite parties has no objection if direction for disposal of the said representation is issued.

In view of the above, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to the opposite party No.2, the District Basic Education Officer, Sitapur, raising all pleas and grounds which are available with him annexing therewith copy of his earlier representation and the relevant documents in support of his claim within fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by a speaking and reasoned order, with expedition say within a period of two months from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith.

In view of the aforesaid terms, the writ petition is disposed of finally.

Order Date :- 22.2.2021

Suresh/

[Rajesh Singh Chauhan,J.]