Retired sweeper sought mandamus for unpaid retiral dues and gratuity. Court disposed of petition directing Respondent No. 3 to decide representation and pay dues if due within four months.
Direction to Respondent No. 3 to decide grievance and pay dues within two months from order and further two months if any amount is due.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- WRIT - A No. - 3715 of 2021
Petitioner :- Ram Laut Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kanhaiya Lal Counsel for Respondent :- C.S.C.,Vikrant Pandey
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel through video conferencing.
By means of instant petition, petitioner primarily seeks the following relief:
"(ii) issue a writ, order or direction in the nature of mandamus directing the Respondent no. 3 i.e. The Executive Engineer, Nagar Palika Parishad, District Basti to pay the remaining retiral dues since 01.01.2019 till date and Gratuity amount Rs. 6,63,432/- and arrear of pension of 10 months, which is pending before the office of Executive Officer, Nagar Palika Parishad, District-Basti to the petitioner”
Petitioner is a class-IV employee (Sweeper) at Nagar Palika Parishad, Basti. He retired on attaining the age of superannuation on 31.01.2019. It is stated that more than ten months have passed but petitioner has not been paid the balance of retiral dues and gratuity despite the direction of the second respondent, Commissioner, Basti Mandal, Basti.
Learned Standing Counsel fairly stated that in case such a matter is pending and no decision has been taken so far, the same shall be considered and decided by authority concerned in accordance with law by passing a reasoned and speaking order thereon expeditiously.
In view thereof, without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to respondent no. 3 to look into petitioner's grievance and pass a speaking order on the representation within two months from the date of production of certified copy of this order and, in case, any amount is found due the same shall be paid to the petitioner within a further period of two months.
The petitioner undertakes to file the representation along with a copy of the writ petition.
Order Date :- 30.6.2021 P. Sri.
1 issue framed by the court
Whether the petitioner is entitled to direct payment of remaining retiral dues and gratuity.
1 provisions across 1 enactments
Ram Laut
State Of U.P.
Executive Engineer, Nagar Palika Parishad, District Basti
Commissioner, Basti Mandal, Basti
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
