Pushpendra Singh vs State Of U.P. And 6 Others
2021 Latest Caselaw 7345 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 3769 of 2021
 

 
Petitioner :- Pushpendra Singh
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

The case is taken up through video conferencing.

Heard learned counsel for petitioner and learned Standing Counsel for State.

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

"a) Issue a writ, order or direction in the nature of mandamus to the respondents pay the amount of death-cum retirement gratuity of the father of petitioner to the petitioner along with admissible interest at earliest."

Learned counsel for petitioner submits that the present controversy is squarely covered by the judgment in the case of Noor Jahan Vs. State of U.P. and 4 others passed in Writ-A No.40568 of 2016 as well as other judgments of this Court following the said judgment of Noor Jahan (Supra). He further submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.

Learned standing counsel has no objection to the same.

In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.5- District Basic Education Officer, District Agra, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a copy of this order.

In case such a representation is moved by petitioner, respondent no.5 shall consider and decide the same in accordance with law settled in the case of Noor Jahan (Supra) as well as other judgments of this Court by a reasoned and speaking order within a period of two months from the date a computer generated/certified copy of this order along with representation is placed before him.

It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

With the aforesaid directions, the writ petition is disposed of.

Order Date :- 8.7.2021

Anil K. Sharma

(Vivek Chaudhary, J.)