Ashok Kumar Chaudhary vs State Of U.P. And 4 Others
2021 Latest Caselaw 7218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 5489 of 2021
 

 
Petitioner :- Ashok Kumar Chaudhary
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Shravan Kumar Dubey
 
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
 

 
Hon'ble Vivek Chaudhary,J.

The case is taken up through video conferencing.

Heard learned counsel for the petitioner and Sri Pranjal Mehrotra, learned counsel for the respondents, who appears through video conferencing.

Present writ petition is filed by the petitioner for the following primary reliefs:-

"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.12.2020 passed by respondent no.4 (Annexure no.4 to this writ petition);

(ii) issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 & 3 to pay the deducted amount Rs.1,30,460/- as well as total delay payment amount alongwith 9% interest to the petitioner, which was deducted by the respondent authority from gratuity of the petitioner in the light of judgment and order passed in the case of Yogendra Singh and others Vs. State of U.P. and others;"

Learned counsel for petitioner states that certain amounts have been wrongly deducted without giving any opportunity of hearing to the petitioner. He prays that he may be permitted to raise grievance with regard to the same also before the concerned authority.

Learned counsel for the respondents also accepts that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.4 to consider the grievance of the petitioner.

Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed off with liberty to the petitioner to file a fresh representation before the respondent no.4- Executive Engineer, 6th Construction Division, U.P. Jal Nigam, Varanasi, raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no.4 shall consider and decide the same by reasoned and speaking order within a period of three months thereafter.

The writ petition is disposed of subject to the observations made above.

Order Date :- 7.7.2021

Anil K. Sharma

(Vivek Chaudhary, J.)