Disposed

Devendra Kumar Sharma v. State of U P and 4 Others

Allahabad HC29 Nov 2022WRIA/19683/2022

Case brief

AI extract

What is this about?

Petitioner, a retired teacher, claimed pay and increment benefits. The court held that the claim required preliminary adjudication by respondent No.4 and disposed of the petition by directing that authority to verify facts and make a reasoned order.

What did the court decide?

Direction to respondent No.4 to verify facts, make a reasoned order within 3 months, and pay any admissible amount within 1 month with 8% interest.

Devendra Kumar Sharma Vs State of U P and… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 19683 of 2022

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Petitioner :- Devendra Kumar Sharma Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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Petitioner is a retired Assistant Teacher. He claims entitlement to selection pay grade and promotional pay grade for the period 01.03.2012 to 21.04.2013 and also benefit of annual increment for the years 2012 and 2013.

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In the context of the above claim, it may be noted, the petitioner retired upon attaining the age of superannuation on 31.03.2020. Prior to that he had been regularised on 22.02.2020.

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Then, it may be noted, the above claim made by the petitioner has to be first adjudicated by respondent no.4. That adjudication has yet not taken place.

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In view of such fact, no useful purpose may be served in keeping the present petition pending or calling for a counter affidavit, at this stage.

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Accordingly, the present writ petition is disposed of with a direction, in case the petitioner files a fresh representation before respondent no.4 within a period of two weeks from today, supported by his personal affidavit and annexing thereto such documents as the petitioner may seek to rely, the said respondent shall make due verification of the facts and call for such report from the Committee of Management as may be necessary and thereafter pass a reasoned order, as expeditiously as possible, preferably within a period of three months from the date of compliance shown by the petitioner.

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Any amount found admittedly payable, be paid out to the petitioner within a further period of one month therefrom, failing which, the same shall attract interest liability @ 8% from the date of the amount becoming due till the date of actual payment.

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Order Date :- 29.11.2022 Abhilash

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Digitally signed by ABHILASH SINGH Date: 2022.11.29 17:45:39 IST Reason: Location: High Court of Judicature at Allahabad

Devendra Kumar Sharma v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Devendra Kumar Sharma v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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