Allahabad High Court
Ram Prakash Lal vs State Of U.P. Thru. Addl. Chief ... on 28 February, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- WRIT - A No. - 1838 of 2023
Petitioner :- Ram Prakash Lal
Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy.Dept. Child Development And Nutrition And 3 Others
Counsel for Petitioner :- Abhineet Jaiswal,Gaurav Mehrotra
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 petitionerfor the following principal reliefs:-
"I. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to forthwith release the post retirement dues viz. Pension, Leave Encashment, and Gratuity, along with arrears of pension, calculating the services redered by him in Cement Corporation, with simple interest @ 9% per annum w.e.f. the date of retirement of the petitioner i.e 31.12.2016 upto the date of actual payment.
II. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to forthwith release the amount of Rs 3,37,801/- towards medical reimbursement with simple interest @ 9% per annum w.e.f. the date on which the dues became admissible upto the date of actual payment.
III. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to consider to release arrears of salary for the month of January, 2016 to December, 2016, as per 7th Pay Commission with simple interest @ 9% per annum w.e.f. the date on which the dues became admissible upto the date of actual payment, within such reasonable time frame which this Hon'ble Court deems just and proper.
IV. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to consider to release arrears of salary from 15.02.2001 till 31.12.2016 by protecting his last pay on the post of Accountant in the Cement Corporation and fixing pay-scale at Rs. 4,500 - Rs. 7,000 with simple interest @ 9% per annum w.e.f. the date on which the dues became admissible upto the date of actual payment, within such reasonable time frame which this Hon'ble Court deems just and proper."
Learned counsel for petitioner submits that case of petitioner is covered by judgment of Supreme Court passed in case of 'Sunil Kumar Verma and Others Vs. State of U.P. and Others', reported in (2016) 1 SCC 397. Learned counsel for the petitioner further submits that 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.4 Director, Department of Child Development & Nutrition, U.P., Indira Bhawan, 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.4 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 :- 28.2.2023
Arti/-
[Vivek Chaudhary,J.]
