The High Court dismissed a writ petition seeking mandatory payment of post-retiral dues, holding it as misconceived since the petitioner's dues had already been paid in 2019.
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Court No. - 34
Case :- WRIT - A No. - 4316 of 2022
Petitioner :- Maharam Singh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Kumar, the learned counsel for petitioner and the learned Standing Counsel representing respondents-1 to 3.
Petitioner has approached this Court for a writ of mandamus commanding respondents to consider the grievance of petitioner and pay the entire post retiral dues of petitioner along with interest.
At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that the prayer made in present writ petition is wholly misconceived. He has invited the attention of Court to paragraph-8 of the writ petition and on basis thereof, he submits that entire dues payable to petitioner have been made in the year 2019. However, the order dated 03.06.2019, whereby petitioner was paid all his post retiral dues, has not been impugned in present writ petition, even when same has been referred to in paragraph-8 of the writ petition.
On the basis of instructions received, learned Standing Counsel further contends that no post retiral dues of petitioner are pending for payment. As such, present writ petition is wholly misconceived and liable to be dismissed.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, the writ petition fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 27.5.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.06.01 17:51:31 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner's claim for post-retiral dues is maintainable when all dues were paid in 2019.
Maharam Singh Yadav
State Of U.P.
Rajeev Misra
As recorded by the court registry
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