Shakir Bux vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 16344 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36186
 

 
Court No. - 17
 

 
Case :- WRIT - A No. - 3849 of 2023
 

 
Petitioner :- Shakir Bux
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Minority Welfare, Lko. And 2 Others
 
Counsel for Petitioner :- Mohd. Ateeq Khan
 
Counsel for Respondent :- C.S.C.,Mohd. Islam Khan
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard Mohd. Ateeq Khan, learned counsel for the petitioner, learned Standing Counsel for opposite party no. 1 and Sri Mohd. Islam Khan, learned Advocate for opposite party nos. 2 and 3.

2. By means of this petition the petitioner has prayed following relief :

"to Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay pension and other post retiral dues such as gratuity and commutation etc. to the petitioner forthwith along with interest from the date of his retirement i.e. 31.07.2022 from the post of Chowkidar (Class IV) post as admissible to State Government employees and in U.P. Minority Commission, Lucknow."

3. Learned counsel for the petitioner has contended that the petitioner retired from the post of 'Chowkidar' on 31.07.2022 but till date the aforesaid post retiral benefits have not been paid. The petitioner has preferred representation dated 29.07.2022 (Annexure no. 15) and 17.08.2022 (Annexure no. 16) to the opposite party no. 2 but till date the opposite party has not paid any heed towards the request of the petitioner regarding payment of post retiral benefits, therefore, learned counsel for the petitioner has submitted that the opposite party no. 2 may be directed to make payment of post retiral benefits as prayed in this writ petition at the earliest taking required steps which are necessary for making such payment.

4. Considering the aforesaid request, I hereby dispose of this writ petition finally directing the opposite party no. 2 i.e. Secretary, U.P. Minority Commission, U.P., Indira Bhawan, Lucknow to make payment of post retiral benefits to the petitioner with expedition preferably within a period of 10 weeks, if there is no other legal impediment. The said authority shall also take necessary steps for making payment of post retiral benefits to the petitioner, for example to make correspondence with the State Government, if it is so required promptly so that the petitioner could get his post retiral benefits as prayed in the writ petition.

5. While do so, the respondents will also consider the judgment of this Court in the case of Ram Bilas vs. State of U.P. and others Writ A No.6832 of 2012 decided on 05.5.2023.

6. With the above observations, writ petition is disposed off.

Order Date :- 23.5.2023

VNP/-