Allahabad High Court
Ashok Kumar Mishra vs State Of U.P. And 4 Others on 16 March, 2023
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 3677 of 2019
Petitioner :- Ashok Kumar Mishra
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Gopal Srivastava,A.K.Srivastava,Sanjeev Singh
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The present writ petition has been filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of writ or mandamus commanding and directing the respondents to pay regular monthly pension to the petitioner in terms of old pension scheme forthwith.
"(ii) Issue writ, order or direction in the nature of mandamus commanding and directing the respondents to release all the post retiral benefits such as Provident Fund, Encashment or Leave, Gratuity, G.I.S. etc."
At the very outset, learned counsel for the petitioner submits that although the supplementary affidavit has been filed, however, learned counsel for the petitioner shall not rely upon the averments made in the supplementary affidavit or the documents annexed thereto except for the judgment of the Supreme Court which according to learned counsel for the petitioner is a public document and can be read even otherwise.
Learned Standing Counsel submits that he would have no objection in case the judgment of the Apex Court in Sunil Kumar Verma Vs. State of U.P. and Others read by the learned counsel for the petitioner. In the supplementary affidavit, other pleadings and documents cannot be considered since no supplementary counter affidavit has been filed.
Considering the facts and circumstances of the case, the supplementary affidavit filed by the petitioner is hereby rejected as not pressed. However, the leave is granted to the petitioner to rely upon the judgment of the Supreme Court in Sunil Kumar Verma Vs. State of U.P. and Others.
Learned counsel for the petitioner submits that the petitioner was an employee of earstwhile Auto Tractors Limited and thereafter was treated as a retrenched employee. Subsequently the petitioner has been absorbed on 13.01.2010 on the post of Group C and since then has retired on 31.07.2018. It is submitted by learned counsel for the petitioner that the absorption of the petitioner has attained finality by the judgment of the Apex Court in State of U.P. Vs. Mukund Lal Singh passed in Civil Appeal No. 782 of 2006 on 31.01.2008 and considering the aforesaid, the petitioner was absorbed.
Learned counsel for the petitioner submits that the retiral dues of the petitioner was not paid and as such the present writ petition was filed for mandamus. At this stage, learned counsel for the petitioner submits that during the intervening period, prior to retirement of the petitioner the respondent no.5 has passed an order dated 07.06.2018 fixing the pay scale of the petitioner determining the pay scale of the petitioner at various level of the employment. Learned counsel for the petitioner submits that once the determination of the pay scale of the petitioner has been made then it is imperative on the part of the respondent- Authority to determine the retiral dues and other dues of the petitioner and pay the same in a time bound manner.
Learned Standing Counsel submits that although the order dated 07.06.2018 has been filed in the rejoinder affidavit. However, once the respondent no. 5 has determined the pay scale applicable to the petitioner in the various levels of the employment then the authority concerned shall consider the payment of retiral dues and other benefits of the petitioner in accordance with law in a time bound manner.
Considering the facts and circumstances of the case and submission of the parties it is hereby provided that the claim of the petitioner shall be considered by a fresh representation to the respondent no.4 within 20 days who shall consider and decide the claim of the petitioner for payment of the retiral dues and other benefits of the service while keeping in view the order dated 07.06.2018 passed by the respondent no. 5.
The aforesaid exercise shall be completed by the respondent No. 4 within a period of two months from the date or production of certified copy of the order.
With the aforesaid observation/direction the present writ petition is disposed of.
Order Date :- 16.3.2023/Sumit Kumar
