Durgesh Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 9900 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 4205 of 2023
 

 
Petitioner :- Durgesh Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

The writ petition is filed with the following prayers:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to include the services of the petitioner rendered in the earlier department i.e. Auto Tractors Ltd (Govt. Cell) i.e. 31.05.1982 to 20.11.1990 and pay the pension, gratuity as well as other post retiral dues along with arrears.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to take decision in the representation of the petitioner within stipulated time."

It is submitted by learned counsel for the petitioner that the petitioner was earlier employee of Auto Tractors Ltd. and thereafter his services has been transferred to the post of Gram Panchayat Adhikari and thereafter the petitioner has retired. Learned counsel for the petitioner submits that his claim for retiral benefits by including the services of the Auto Tractor Ltd. has not been considered by the respondents. In this respect, the petitioner has preferred representation dated 17.1.2023 before respondent no. 1, however, till date no order has been passed. Learned counsel for the petitioner has relied upon the judgment of the Apex Court in Sunil Kumar Verma and others Vs. State of U.P. and others, 2015 0 Supreme (SC) 878.

Learned Standing Counsel for the respondent-State submits that the claim of the petitioner shall be decided in accordance with law in a time bound manner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, it is hereby directed that the representation dated 17.1.2023 of the petitioner shall be considered and decided by respondent no. 1 in accordance with law within a period of two months from the date of production of certified copy of this order.

With the aforesaid observation/direction, writ petition is disposed of.

Order Date :- 4.4.2023

VMA