Faujdar Yadav vs U.P. State Road Transport ...
2023 Latest Caselaw 1626 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 708 of 2023
 

 
Petitioner :- Faujdar Yadav
 
Respondent :- U.P. State Road Transport Corporation And 3 Others
 
Counsel for Petitioner :- J.P. Singh
 
Counsel for Respondent :- Mritunjay Mohan Sahai
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and Sri Mritunjay Mohan Sahai, learned counsel for respondent No. 2.

At the very outset, Sri Mritunjay Mohan Sahai, counsel for the respondent submitted that he is not authorised to receive notices on behalf of U.P.S.R.T.C., Faizabad, Ayodhya region, Ayodhya and same has wrongly been received. Apart from that he also submitted that the matter pertains to Ayodhya Region, Ayodhya, which lies in the jurisdiction of Lucknow Bench of this Court.

Mr. J.P. Singh, learned counsel appearing for the petitioner submitted that in the light of judgment of Apex Court in the case of Shanti Devi Alias Shanti Mishra Vs. Union of India and Others reported in (2020) 10 SCC 766, after retirement, petitioner is residing in a particular district of State of Uttar Pradesh, therefore, this Court may entertain the petition coupled with the fact that petition has been filed only for a writ of mandamus to decide the claim of retiral benefit of the petitioner. Therefore, the court may pass an appropriate order.

I have perused the judgment of Apex Court in the case of Shanti Devi (Supra). Argument of the learned counsel for the petitioner is having substance, therefore, the petition is disposed of with direction to respondent No. 2 to decide the representation dated 13.12.2022 in accordance with law maximum within period of two months from the date of submission of certified copy of this order. Petitioner is also directed to annex the photo copy of representation dated 13.12.2022 alongwith the certified copy of this order.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 16.1.2023

ADY