The High Court dismissed a writ petition seeking mandamus for payment of pension and post-retirement benefits as it became infructuous following the authority's specific order negating the petitioners' claim.
Petition dismissed as infructuous with liberty to challenge the order dated 5.5.2022.
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Court No. - 34
Case :- WRIT - A No. - 1166 of 2022
Petitioner :- Ram Charan Ram And Another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Satya Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. S.P. Mishra, learned counsel for petitioners and learned Standing Counsel for respondents.
By means of present writ petition, petitioner has prayed for a writ of mandamus directing respondents to consider the grievance of petitioners regarding payment of pension and other post retiral benefits in accordance with Government Order dated 30.4.2019.
Present writ petition came up for admission on 24.3.2022 and this Court passed the following order:
"Place this petition on 18.4.2022 as fresh.
On that date, learned Standing Counsel shall inform as to why decision on the representation which the petitioners had filed on 18.1.2021 had not been taken till date.
The Court expects that by the next date, a decision would definitely be taken. "
Subsequently the writ petition was taken on 18.4.2022, and this Court passed the following order:
"Learned Standing Counsel prays for and is granted three weeks and no more time to seek instruction in this matter.
List this case on 11.05.2022 as fresh.
It is made clear that in case instructions are not obtained or decision in the representation of the petitioners is not taken by the next date as provided by the earlier order dated 24.3.2021, the respondent no. 3, Director Social Welfare Department, U.P. at Lucknow shall remain present before this Court with all relevant record on the next date fixed."
On the matter being taken up, learned Standing Counsel submits that he has received instruction. As per the instructions received by him, claim of petitioners regarding payment of pension and other post retiral dues have been negated by authority concerned vide order dated 5.5.2022. In view of
above, present writ petition has been rendered infructuous.
In view of above, this writ petition is dismissed as having rendered infructuous with liberty to petitioners to challenge the order dated 5.5.2022.
Copy of order dated 5.5.2022 shall be supplied to learned counsel for petitioner by learned Standing Counsel during the course of the day.
Order Date :- 11.5.2022 Arshad
Digitally signed by ARSHAD MAHMOOD Date: 2022.05.13 11:43:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition challenging the non-payment of pension becomes infructuous upon receipt of instructions regarding payment claims.
Whether the lower court's decision on the representation filed by petitioners could be expeditiously incorporated.
1 provisions across 1 enactments
Ram Charan Ram And Another
State Of U P And 5 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
