Allahabad High Court
Sheetla Prasad Srivastava vs State Of U.P.Thru.Addl.Chief ... on 26 March, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- SERVICE SINGLE No. - 9425 of 2021
Petitioner :- Sheetla Prasad Srivastava
Respondent :- State Of U.P.Thru.Addl.Chief Secy. Commercial Tax & Anr.
Counsel for Petitioner :- Manish Misra
Counsel for Respondent :- C.S.C.
Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
In the writ petition, the petitioner has prayed for issuance of direction to the respondents to open sealed cover proceeding of promotion of the petitioner on the next higher post.
Learned counsel for the petitioner submits that in a disciplinary proceedings initiated against the petitioner, his services were terminated against which a writ petition bearing Writ Petition No.453 (SB) of 2006 was filed which was allowed vide judgment and order dated 21.8.2012 with the following direction:
"For the reasons aforesaid, both the writ petitions deserve to be allowed and are hereby allowed. A writ of certiorari is hereby issued to quash the impugned orders dated 22.3.2006 passed by respondent no.1 in captioned Writ Petition No.453 (SB) of 2006 and Writ Petition No.575 (SB) 2006.
Since the petitioners have attained the age of superannuation and have retired from service, therefore, it is not desirable to direct enquiry afresh from the stage of charge-sheet. Therefore, they shall be entitled only for the consequential financial benefits. The pension of the petitioners shall be recalculated treating them to be in service till the date of their superannuation, they shall not be entitled to the salary for the period during which they remained out of job because of the dismissal order. The orders of the recovery of amount are also hereby quashed. The exercise for consequential benefits shall be carried out within three months from today."
Being aggrieved, the State Government filed Special Leave Petition No.8964 of 2013 which was dismissed.
Learned counsel for the petitioner submits that now, the petitioner has been paid consequential benefits except the promotion claimed which is lying pending in a sealed cover proceedings. He next submits that in regard to the claim, he has represented the matter before respondent no.1 vide representation dated 15.10.2019 and reminders in this regard have been sent on 7.1.2020, 2.7.2020 and 4.11.2020, but till no order whatsoever has been passed. He also submits that in case a direction is issued for consideration of his claim in a time bound manner, ends of justice would be met.
Per contra, learned counsel for the respondents submits that in case claim of the petitioner is pending consideration before respondent no.1, the same shall be taken care of and appropriate order shall be passed within a reasonable period.
In view of the submissions advanced by learned counsel for the parties, no use purpose will be served in keeping the writ petition pending.
Accordingly, the writ petition is finally disposed of with a liberty to the petitioner to file a fresh comprehensive representation ventilating all his grievances to the respondent no.1 within two weeks from the date of production of a certified copy of this order and in case such a representation is filed, the respondent no.1 shall consider and pass appropriate, reasoned and speaking order after affording opportunity of hearing to the petitioner within a period of eight weeks thereafter.
Order Date :- 26.3.2021
GK Sinha
