Vinod Kumar Tripathi vs State Of U.P. And 3 Others
2023 Latest Caselaw 7481 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 4388 of 2023
 

 
Petitioner :- Vinod Kumar Tripathi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shashi Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

Heard Sri Shashi Kumar, learned counsel for the petitioner and learned Standing counsel for the State respondents.

The present petition has been filed for the following reliefs:

"i. issue a writ, order or direction in the nature of mandamus directing the authority concerned to decide the grievance of the petitioner which is pending before them within stipulated period."

The factual matrix of the matter derives that after completing 10 years of regular service, petitioner retired on 31.07.2020 during that time he earns certain promotions and lastly at the time of retirement he was entitled for the pay-scale 4200 to 4600 and the same has already been fixed by the orders dated 05.11.2014. Thereafter, the petitioner was also entitled for the Assured Career Progression scheme in the year 2015, the same was modified and the controversy arising out of the parity and similarity has already been adjudicated vide order dated 19.11.2014 passed by this Court in Writ Petition No. 6629 of 2014 Siya Ram Pal Vs. State of U.P. In pursuance of the same judgment, the salary of the petitioner has been fixed @ 4600 under the Assured Career Progression Scheme.

On the date of superannuation i.e. 31.07.2020 the deduction of rupees 1,16,809 has been given effect to by way of re-fixation of the salary @ 4200.

Learned counsel for the petitioner raised his argument that without any notice or intimation the deduction whatsoever has been carried out by the responding authorities was illegal and the same is directly affecting the post-retiral benefits which is ensured by the statutory provisions.

For redressal of his grievances petitioner already preferred an application in shape of representation on dated 30.07.2021 and the same was forwarded by the Additional Director (Administration) to the Joint Secretary, Sainik Kalyan Anubhag, Government of U.P. for deciding the claim of the petitioner, due to inaction of the competent authority the petitioner again preferred a representation dated 16.05.2022 and 30.01.2023 for redressal of the same grievances.

Per contra, learned Standing counsel supported the stand taken up by the responding authorities for deduction of the excess payment by way of re-fixation of the salary @ 4200 but did not oppose the prayer for seeking disposal of the representation of the petitioner which is pending before the respondent no. 3.

Be that as it may, if there is no other impediment, without interfering in the merit of the matter the respondent no. 3 (Director, Directorate Sainik Kalyan Evam Punarvas U.P. Lucknow) is hereby directed to decide the representation dated 16.05.2022 and 30.01.2023 as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order before the authority concerned.

The writ petition stands disposed of.

Order Date :- 15.3.2023

Shaswat