Ramji Upadhyaya vs State Of U.P. And 2 Others
2022 Latest Caselaw 20070 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 17948 of 2022
 

 
Petitioner :- Ramji Upadhyaya
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sanjay Kumar Mishra,Shalini Mishra
 
Counsel for Respondent :- C.S.C.,Dhananjay Awasthi
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and Sri Dhananjay Awasthi, learned counsel for respondent nos.2 and 3.

The present writ petition has been filed with the following prayer:-

"i. suitable writ order or direction in the nature of mandamus commanding the respondent no.3 to make payment of the remaining arrears of Rs.6,35,144/- towards salary and other allowances along with 12% interest, in terms of the Office Order dated 25.05.2018 issued in pursuance of the judgment dated 19.09.1991 passed by the Hon'ble Lucknow Bench of this Hon'ble High Court.

ii.suitable writ order direction in the nature of mandamus commanding the respondent no.3 to decide the representation of the petitioner in terms of the Office Order dated 25.05.2018 issued in pursuance of the judgment dated 19.09.1991 passed by the Hon'ble Lucknow Bench of this Hon'ble High Court."

It is submitted by learned counsel for the petitioner that the petitioner has retired from the post of Chowkidar under the respondents and his claim with regard to arrears of salary and other allowances are pending before the respondents. In this respect, petitioner has filed a representation before respondent no.2, which is pending consideration.

Sri Dhananjay Awasthi, learned counsel for respondent nos.2 and 3 submits that the amount according to the Corporation has been paid. However, in case the petitioner has any grievance, he may file a fresh representation before respondent no.3 ventilating his grievance showing the details of the amount claimed by the petitioner as well as the documentary proof, which is relied upon by the petitioner and thereafter, respondent no.3 shall take a decision in accordance with law.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, this writ petition is disposed of directing the petitioner to file a fresh representation before respondent no.3 within 15 days along with the documents which the petitioner relies. In case any such representation is filed, respondent no.3 shall pass a reasoned and speaking order within a further period of two months on the basis of records available with the respondent-Corporation as well as documents submitted by the petitioner.

Order Date :- 6.12.2022

Bhaskar