Smt. Jadavati Devi Widow vs State Of U.P. And 4 Ors.
2022 Latest Caselaw 10441 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 46846 of 2016
 

 
Petitioner :- Smt. Jadavati Devi Widow
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Shravan Kumar Dubey
 
Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi,Qamrul Hasan Siddiqui
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Raghvendra Pratap Singh, Advocate holding brief of Sri Shravan Kumar Pandey, learned counsel for the petitioner, learned standing counsel for State-respondents and Sri Aditya Bhushan Singhal, learned counsel for respondent nos. 2 to 5.

Present petition has been filed with following prayers;

"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay all the retiral benefits to the petitioner at the rate of 18% interest including arrears of salary, leave encashment, gratuity, house allowance, city allowance etc. in pursuance of judgment and order passed by the Hon'ble Apex Court in the Civil Appeal No. 5227 of 2012 (State of U.P. vs. Dayanand Chakravarti within specific time granted by this Hon'ble Court.

(ii) Issue a writ, order or directing in the nature of mandamus commanding the respondents to reconsider the pensionary benefit after attaining the age of 58 to 60 years and also provide due amounts to the petitioner and the difference of arrears will pay within specific time granted by this Hon'ble Court in accordance with 6th Pay Commission.

(iii) Issue a writ, order or directing in the nature of mandamus commanding the respondents to consider the representation of the petitioner within specific time granted by this Hon'ble Court.

(iv) Issue a writ, order or directing in the nature of mandamus commanding the respondent authorities to pay amount concerned from 1st January, 2006 to March 2010 according to Six Pay Commissioner to the petitioner with the interest."

Learned counsel for the petitioner submitted that he is only pressing the fourth prayer of the writ petition. He next submitted that very same controversy has already been decided by this Court in Writ A No. 3030 of 2022 (Ram Milan and 26 others Vs. State of U.P. and 5 others) alongwith connected matters on 27.05.2022, therefore, this petition may also be disposed of on the same terms and conditions for which learned counsel for respondents have no objection.

Accordingly, writ petition is disposed of in terms of judgment dated 27.05.2022 passed in Writ A No. 3030 of 2022 (Ram Milan and 26 others Vs. State of U.P. and 5 others) alongwith connected matters.

Order Date :- 17.8.2022

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