Shabab Ahmad Khan vs State Of U.P. And 2 Others
2023 Latest Caselaw 2352 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 1216 of 2023
 

 
Petitioner :- Shabab Ahmad Khan
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Onkar Nath
 
Counsel for Respondent :- C.S.C.,Suresh Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned standing counsel for the State-respondent and Sri Vimlesh Kumar Rai, learned counsel for respondent Nos. 2 & 3.

Present petition has been filed with following relief:

"i) A writ, order or direction in the nature of mandamus directing the respondents to ensure the payment of outstanding amount of Gratuity, Leave Encashment, arrears of VIth pay revision w.e.f. 01.01.2006 till 11.03.2010 along with interest to the petitioner keeping in view of the decision of this Hon'ble Court rendered in the matter of Yogendra Singh Vs. State of U P and others (2017) 1 ALJ 121 (Writ A No 23639 of 2016) and Judgment dated 19.2.2021 passed by this Hon'ble court in writ-A No 1776 of 2021 Girja Shankar and 34 others Vs State of UP and 3 others expeditiously or within the time stipulated as fix by this Hon'ble Court."

Learned counsel for the respondents submitted that petitioner may submit representation before the respondent no. 3 for reddresal of his grievance and in case any such representation is filed, respondent no. 3 shall consider and decide the same in accordance with law for which learned counsel for the petitioner has no objection.

Under such facts and circumstances of the case, this petition is disposed of with liberty to petitioner to file a representation before the respondent no. 3 within ten days from today. In case any such representation alongwith certified copy of this order is filed by the petitioner, respondent no. 3 is directed to consider and decide the same in accordance with law maximum within a period of two months from the date of receiving of the representation. It is made clear that representation of the petitioner shall not be rejected on the ground of shortage of funds if he is otherwise entitled for the said payment. Respondent No. 1 shall ensure availability of fund in case claim of petitioner is found genuine. Further, in case amount is found due, petitioner shall also be paid interest from due date to the date of actual payment.

It is open for the respondent no. 3 to relegate the matter, if any other officer is competent to decide the issue. In case, the matter is relegated to other officer, the same shall decided within the same time as given by this Court.

This Court has not adjudicated the case on merits and it is upon the respondent no. 3 to decide the representation of the petitioner after considering the Act, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.

Order Date :- 23.1.2023

ADY