The court disposed of a writ petition seeking quashing of orders and mandatory direction for pension payment and career progression. The court directed the authorities to decide the petitioner's pending representation within two months, without prejudice to merits.
Direction to decide the pending representation dated 03.07.2020 within two months.
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Court No. - 75 Case :- WRIT - A No. - 11529 of 2020 Petitioner :- Pooran Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Piyush Dubey Counsel for Respondent :- C.S.C.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
By means of this writ petition, petitioner has prayed for the following reliefs:-
i) To, issue a writ or direction in the nature of certiorari calling for the record and quash the order dated 22.02.2020 passed by respondent no.3.
ii) To, issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to give benefit of second and third Financial Upgradation under Assured Career Progression.
iii) To, issue a writ, order or direction in the nature of mandamus directing the respondents to pay pension and other retiral benefits to the benefits to the petitioner forthwith with 18% interest.
The sole grievance of the petitioner is that after retirement of the petitioner, his pension and other retiral benefits have not been given by the respondents and the petitioner has given representation for releasing the same as also for grant of second and third financial upgradation to the petitioner. The said representation is pending since 03.07.2020. He prayed that a suitable direction may be issued to state respondents to decide his pending representation.
Learned Standing Counsel does not dispute the aforesaid contention and states that in case the said representation is still pending, the same shall be considered and disposed off in accordance with law.
Having considered the facts and circumstances of the case, but without prejudice to the merits of the case, the writ petition is finally disposed off with direction to the respondent authorities to consider and decide the representation dated 3.07.2020 pending before it, in accordance with law within a period of two months from the date of production of copy of this order.
Order Date :- 10.12.2020 C. MANI
1 issue framed by the court
Whether a pending representation regarding pension and financial upgradation requires judicial direction to be decided within a specific time limit.
Pooran Singh
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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