Citation : 2023 Latest Caselaw 10771 ALL
Judgement Date : 11 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - A No. - 6306 of 2023 Petitioner :- Akhilesh Bahadur Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shriraman Pandey,Brijendra Kumar Raj Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J.
Heard learned counsel for petitioner and learned standing counsel for State.
Present writ petition is filed by the petitioner for the following primary relief:-
"A. Issue a writ order or direction in the nature of mandamus commanding directing the respondent no.3 to pay the full and final retiring benefit including interest on late payment of gratuity C.P.F. and remaining interest on leave encashment."
Learned counsel for petitioner for the said purpose, relies upon the judgment of Supreme Court in case of 'State of Kerala and Others Vs. M. Padmanabhan Nair'; reported in AIR 1985 Supreme Court 356 and Division Bench judgment of this Court dated 15.12.2016 passed in Special Appeal No.77 of 2016; 'U.p. State Warehousing Corporation Vs. Ravindra Nath Rai' and 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.3 Managing Director, U.P. State Warehousing Corporation, Bhandaran Bhawan, New Hyderabad, Lucknow, 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 certified copy of this order.
In case such a representation is moved by petitioner, respondent no.3 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a 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 :- 11.4.2023
Arti/-
[Vivek Chaudhary,J.]
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