Satish Chandra Tripathi vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 14341 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 6960 of 2022
 

 
Petitioner :- Satish Chandra Tripathi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Fisheries Deptt. Lko. And 3 Others
 
Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajnish Kumar,J.

Heard learned counsel for the petitioner and Sri Vivek Shukla, learned Additional Chief standing counsel.

Learned counsel for the petitioner submits that the petitioner has retired on attaining the age of superannuation on 31.03.2021 from the post of Fisheries Extension Officer. The petitioner is entitled for leave encashment, gratuity and remaining amount of Contributory Provident Fund alongwith interest but the same have not been paid to the petitioner. The petitioner moved several representations in this regard to the opposite party no.2, the last one of which is dated 30.09.2022 but the same has not been decided till date and the retiral dues have not been paid to the petitioner whereas the petitioner is entitled for the retiral dues in view of the judgment and order dated 04.01.2018 passed by this Court in Writ A No.33680 of 2016( Kishwar Ali versus State of U.P. and others), the Special Appeal(D) No.396 of 2018(State of U.P. and others versus Kishwar Ali), against which has been dismissed and the S.LP. No.28129 of 2018(State of U.P. versus Kishwar Ali) has also been dismissed by the Hon'ble Supreme Court. He further relies on judgement and order dated 17.01.2020 passed in Writ A No.50704 of 2017 and other identical orders passed by a Coordinate Benches of this Court.

Learned Standing Counsel submits that the representation of the petitioner shall be considered by the competent authority in accordance with law within the time frame fixed by this Court.

In view of above, without entering into the merits of the case, the writ petition is disposed of with direction to the opposite party no.2 to pay the admissible dues to the petitioner alongwith the admissible interest within a period of two months from the date of production of certified copy of this order, if there is no legal impediment or shall consider and dispose of the representation of the petitioner dated 30.09.2022 contained in Annexure No.10 to the writ petition by a reasoned and speaking order within the aforesaid period and communicate the order passed thereon to the petitioner forthwith.

Liberty is granted to the petitioner to move a fresh representation alongwith certified copy of this order annexing therewith the copies of the judgments relied by him and the relevant documents.

Order Date :- 19.10.2022

Akanksha