Disposed

Rajendra Singh and 36 Others v. Collector/ District Magistrate Gorakhpur and 3 Others

Allahabad HC17 Apr 2018WRIC/13899/2018

Case brief

AI extract

What is this about?

Writ petition seeking direction to District Collector for recovery of gratuity. Court disposed of petition allowing approach to Collector with representation and liberty to consider status of interim orders within three months without expressing merit opinion.

What did the court decide?

Petition disposed with liberty to petitioners to approach District Collector for recovery of gratuity if no interim order or legal impediment exists.

Rajendra Singh and 36 Others Vs Collector/ District… — Property and Title | Allahabad HC (2018)

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Court No. - 33

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Case :- WRIT - C No. - 13899 of 2018

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Petitioner :- Rajendra Singh And 36 Others Respondent :- Collector/ District Magistrate Gorakhpur And 3 Others Counsel for Petitioner :- Jamal Ahmad Khan Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Misra,J.

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Heard learned counsel for the petitioners; learned Standing Counsel for the respondents 1, 2 and 3.

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Considering the nature of the order that is being passed, this Court does not consider it necessary to issue notice to the fourth respondent.

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The present petition has been filed for a direction upon the respondents 1, 2 and 3 (State authorities) to recover the gratuity amount from the fourth respondent pursuant to the recovery certificate forwarded by the Controlling Authority under the Payment of Gratuity Act, 1972.

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It is the case of the petitioners that the order of the Controlling Authority has attained finality and there is no interim order operating against realization of the dues payable under the order and therefore the District Collector must exercise its power and ensure recovery of the gratuity dues.

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Considering that this order is being passed without hearing the fourth respondent, this Court considers it appropriate to give liberty to the petitioners to approach the District Collector (Collector, Gorakhpur) with a comprehensive representation enclosing therewith the order under which the recovery is to be made as also copy of the recovery certificate forwarded by the Controlling Authority. Upon receipt of any such representation along with certified copy of this order, the District Collector shall call for report from the Controlling Authority as well as the person including fourth respondent from whom the recovery is sought to be made and in case he finds that there is no interim order or legal impediment in proceeding further with the recovery, he shall take all appropriate steps to ensure recovery of the amount in accordance with law, preferably, within a period of next three months. In case there is any legal impediment in making such recovery, as found out from the reports or from the objection taken by the fourth respondent or any other concerned person, he shall pass a reasoned order and inform the petitioners accordingly.

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With the aforesaid observation/liberty/direction, the petition is disposed of .

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It is made clear that this Court has not expressed any opinion on the merits of the case of the petitioners.

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Order Date :- 17.4.2018 AKShukla/-

Rajendra Singh and 36 Others v. Collector/ District Magistrate Gorakhpur and 3 Others

Case brief

What is this about?

What did the court decide?

Rajendra Singh and 36 Others v. Collector/ District Magistrate Gorakhpur and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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