Petitioner, legal heir of deceased Class-IV employee, filed writ petition for release of retirement dues. Respondent cited lack of succession details but counsell directed to examine representation within six weeks and pass reasoned order.
Direction to respondent to examine representation and pass reasoned order within six weeks.
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Court No. - 16 Case :- WRIT - A No. - 27686 of 2018 Petitioner :- Hemant Kumar Respondent :- State Of U P And Another Counsel for Petitioner :- Lakshman Tripathi,Bhupendra Pandey Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Mrs. Sangeeta Chandra,J.
Heard the learned counsel for the petitioner and Sri Satish Chaturvedi who appears on behalf of the respondent no. 2.
Learned counsel for the petitioner has submitted that the younger brother of the petitioner - Gopal Kumar was engaged as a class -IV employee in the office of the respondent no. 2 since 1997 and he died on 30.9.2018. The petitioner informed the respondent no. 2 about the death of his brother on 7.10.2018 and made a representation with regard to the release of his retiral dues to him, but the said representation dated 7.9.2018 still lies undisposed of.
Sri Satish Chaturvedi, learned counsel for the respondents says that the petitioner has not disclosed whether Gopal Kumar was married or whether he had children. No claim of the petitioner can be entertained like this. He could be better that he file a Succession Certificate and then approach the respondent no. 2 to look into the matter.
This writ petition is disposed of with a direction to the respondent no. 2 to look into the grievance as raised in his representation dated 7.9.2018 and pass a reasoned and speaking order thereon within a period of six weeks from the date a certified copy of this order is produced before him.
Order Date :- 21.12.2018 Arif
1 issue framed by the court
Whether the respondent authority must explain the delay in disposing of a representation for release of retirement dues to the legal heir of a deceased employee.
Hemant Kumar
State Of U P
Another
Sangeeta Chandra
As recorded by the court registry
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