Kishan And 2 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 13435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 3198 of 2023
 
Petitioner :- Kishan And 2 Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas Lko. And 2 Others
 
Counsel for Petitioner :- Arvind Kumar Vishwakarma
 
Counsel for Respondent :- C.S.C.,Namit Sharma
 

 
Hon'ble Rajnish Kumar,J.

Shri Mahendra Kumar Mishra, Advocate filed Vakalatnama of Shri K.K. Pandey, Advocate on behalf of respondent nos.2 and 3, which is taken on record.

Heard Shri Arvind Kumar Vishwakarma, learned counsel for the petitioners, learned Standing Counsel for the State-respondent no.1 and Shri Mahendra Kumar Mishra, Advocate holding brief of Shri K.K. Pandey, learned counsel for respondent nos.2 and 3.

Learned counsel for the petitioners submit that the petitioner nos.1 and 2 retired from their service after attaining the age of superannuation on 31.10.2022 and petitioner no.3 retired from his service after attaining the age of superannuation on 30.11.2022, but till date all the retiral dues have not been paid to the petitioners despite representations made by the petitioners on 17.04.2023, contained as Annexure no.14 to the writ petition. He further submits that the petitioners are also entitled for the pension in view of the judgment rendered in a bunch of writ petitions, leading of which is Writ A No.8968 of 2022; Dr. Shyam Kumar vs. State of U.P. and another. He also submits that gratuity has been paid by respondent no.2 to the identically situated persons. On the basis of above, learned counsel for the petitioners makes an innocuous prayer for a direction for payment of pension, gratuity and other retiral benefits, within a stipulated period fixed by this Court, to which there is no objection by learned counsel for the respondents.

In view of the above, without entering into the merits of the case, this writ petition is disposed of with a direction to opposite party no.2/ the Nagar Ayukt (Municipal Commissioner), Nagar Nigam, Lucknow to consider and dispose of the representation of the petitioners, within a period of two months from the date of production of a certified copy of this order. Liberty is granted to the petitioners to make a fresh comprehensive representations annexing relevant documents, relevant case laws and a copy of this writ petition.

Consequences shall follow accordingly, as per law and the payment of retiral dues shall be made to the petitioners expeditiously thereafter within a period of four weeks.

Order Date :- 28.4.2023

Arnima