In this writ petition, the petitioner challenged the inaction of the Deputy Director of Education regarding his retirement application. The court directed the respondent to decide the pending application for retirement at age 60 within eight weeks.
Direction to respondent no. 3 to decide the pending retirement application within eight weeks.
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Court No. - 74
Case :- WRIT - A No. - 7504 of 2020
Petitioner :- Ravindra Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of present writ petition, the petitioner has sought a writ of mandamus seeking command to the respondent no. 2 to consider and decide the pending application of the petitioner for retirement at the age of 60 years.
It is submitted by learned counsel for the petitioner that a proper application was moved through proper channel i.e. Committee of Management on 10th March, 2020 which was duly considered by the District Inspector of Schools and a formal recommendation has been made putting an endorsement on the request of the peitioner on 23.06.2020, which is annexed as annexure 5 to the writ petition, but the same has remained pending before the Deputy Director of Education (Secondary Education) respondent no. 3.
Learned Standing Counsel does not have any objection if direction is issued for disposal of the pending application of the petitioner within a time bound period.
In view of above, the writ petition is disposed of with direction to respondent no. 3 to consider and decide the pending application of the petitioner to attain the age of superannuation at the age of 60 years instead 62 years as already recommended by the District Inspector of Schools on 23rd June, 2020 and appropriate orders in accordance with law shall be passed by respondent no. 3 within period of eight weeks from the date of presentation of this order before the Competent authority.
With the aforesaid obserations and directions, the writ petition is disposed of .
Copy of this order available on the official website of the High Court shall be treated as genuine one. The petitioner shall also file certified copy of the order before the competent authority as and when issued.
Order Date :- 29.9.2020 Sanjeev
2 issues framed by the court
Whether the Deputy Director of Education must decide the pending retirement application of a school employee who has reached the recommended age of superannuation at 60 years.
Whether any authority exists to direct the competent authority to decide the pending retirement application within a specific time period.
Ravindra Kumar
State Of U P
4 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
