Dismissed

Dr. Shakuntla Kureel v. the State of U.P. and Another

Allahabad HC27 May 2022WRIA/1218/2022

Case brief

AI extract

What is this about?

Petitioner Dr. Shakuntla Kureel filed a writ petition seeking post-retirement benefits. After initial orders directing payment and later a final order dismissing the petition on the ground that the grievance was redressed, the petition ceased to have cause of action.

What did the court decide?

Writ petition consigned to the record as the grievance was redressed and no cause of action survives.

Dr. Shakuntla Kureel Vs the State of U.P… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 34

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Case :- WRIT - A No. - 1218 of 2022

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Petitioner :- Dr. Shakuntla Kureel Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Rakesh Tripathi I Counsel for Respondent :- C.S.C.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rakesh Tripathi, the learned counsel for petitioner and the learned Standing Counsel representing respondents-1 and 2.

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Present writ petition came up for admission on 09.03.2022 and this Court passed the following order:-

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"Learned counsel for the petitioner submits that since the petitioner retired from the post of Medical Officer on 30.06.2021, she has made representation for payment of his post retiral benefits before respondent no.1 but nothing has been done till date.

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It is painful to see that without any fault, the petitioner, who retired from service more than nine months ago, is running from pillar to post and has been forced to approach this Court for payment of her post retiral dues, by means of the present writ petition, which is her legal dues. Without money, how a person will be living his life along with dependents in these hard days.

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In view of the aforesaid, respondent no.1 is directed to pay or show cause as to why the post retiral benefits or amount of the petitioner has not been paid to her till date.

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Put up this case on 30.03.2022 as fresh.

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Mr. Pranav Ojha, learned Additional Chief Standing Counsel shall communicate this order to respondent no.1 for necessary compliance.

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Order Date :- 9.3.2022"

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Thereafter, the writ petition was taken up on 25.04.2022 and this Court passed the following order:-

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"On 09.03.2022, the following order was passed:-

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It is painful to see that without any fault, the petitioner, who retired from service more than nine months ago, is running from pillar to post and

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has been forced to approach this Court for payment of her post retiral dues, by means of the present writ petition, which is her legal dues. Without money, how a person will be living his life along with dependents in these hard days.

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In view of the aforesaid, respondent no.1 is directed to pay or show cause as to why the post retiral benefits or amount of the petitioner has not been paid to her till date.

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Put up this case on 30.03.2022 as fresh.

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Mr. Pranav Ojha, learned Additional Chief Standing Counsel shall communicate this order to respondent no.1 for necessary compliance."

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In compliance of the aforesaid order, neither the payment with respect to retiral benefit has been made nor any affidavit has been submitted to show cause as to why the aforesaid payment has not been made.

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In such circumstances, learned Standing Counsel prays for and is granted three weeks' further and no more time to comply with the earlier order dated 09.03.2022.

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Put up this case on 18.05.2022 as fresh.

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In case, the aforesaid order dated 09.03.2022 has not been complied on the next date, the respondent no.1, Additional Chief Secretary, Labour, Government of U.P., Lucknow shall be present before this Court along with his personal affidavit.

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The Registrar General of this Court is directed to communicate this order to the Additional Chief Secretary, Labour, Government of U.P., Lucknow for compliance of this order, henceforth.

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Order Date :- 25.4.2022"

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On the matter being taken up, learned counsel for petitioner contends that pursuant to above orders passed by this Court, the grievance of petitioner as raised by means of present writ petition has been redressed. He, therefore, contends that no cause of action survives for the petitioner to press this writ petition further.

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Learned Standing Counsel representing respondents-1 and 2 does not oppose the submission urged by learned counsel for petitioner.

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In view of above, present writ petition is consigned to the record.

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Order Date :- 27.5.2022 Saif

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Digitally signed by SHAIKH SAIF ABDIN Date: 2022.06.01 17:51:48 IST Reason: Location: High Court of Judicature at Allahabad

Dr. Shakuntla Kureel v. the State of U.P. and Another

Case brief

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Dr. Shakuntla Kureel v. the State of U.P. and Another

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