Dev Brat Shukla vs Managing Director, U P Jal Nigam ...
2023 Latest Caselaw 1804 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 769 of 2023
 

 
Petitioner :- Dev Brat Shukla
 
Respondent :- Managing Director, U P Jal Nigam And 3 Others
 
Counsel for Petitioner :- Vijay Kumar Rai
 
Counsel for Respondent :- Sanjay Kumar Om
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and Sri Pravin Kumar, Advocate holding brief of Sri S.K. Om, learned counsel for respondents.

At the very outset, counsel for the respondent submitted that petitioner has been retired from District Prataphgarh, therefore, jurisdiction of this case lies before Lucknow Bench of this Court.

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 liberty to petitioner to move fresh representation along with certified copy of this order before respondent No. 3 within two weeks from today. In case any such representation is filed, respondent No. 3 is directed to decide the same in accordance with law maximum within a period of eight weeks thereafter..

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 3 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 17.1.2023

Sartaj