Disposed

Pankaj Kumar v. State of U.P. and 5 Others

Allahabad HC14 Sept 2023WRIA/14815/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition for salary during dismissal. With consent of Standing Counsel, the court left the matter open to the petitioner to submit a fresh representation to the competent authority within two weeks for a final decision.

What did the court decide?

Petitioner directed to submit fresh representation to competent authority within two weeks for salary claim decision.

Pankaj Kumar Vs State of U.P. and 5 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177785

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Court No. - 37

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Case :- WRIT - A No. - 14815 of 2023 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rishabh Kesarwani Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Case called out.

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None appears for the petitioner.

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It is informed that lawyers are abstaining from work, as such the Court has itself gone through the pleadings and has also heard learned Standing Counsel appearing on behalf of the respondents.

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With the consent of learned Standing Counsel appearing for the respondents, the writ petition is finally being disposed of.

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The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to pay the salary for the period of dismissal i.e. from 17.09.2021 to 21.06.2022.

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From the perusal of pleadings on record it emerges that the petitioner had been dismissed from service on 17.09.2021. Upon a challenge being raised by the petitioner by filing Writ A No. 13628 of 2021 in re: Pankaj Kumar vs State of U.P. and others this Court vide the judgement and order dated 07.10.2021, a copy of which is annexure 2 to the petition, set aside the dismissal order leaving it open to the respondents to pass a fresh order after following due procedures contemplated under Rules. The Special Appeal filed against the said judgement has also been dismissed vide the judgement and order dated 05.01.2023 passed in Special Appeal Defective No. 145 of 2022 in re: the State of U.P. and others vs Pankaj Kumar, a copy of which is annexure 3 to the petition.

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Thus, the only thing that remains is the salary for the period of dismissal for which no orders have been passed by the respondents till date.

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Considering the aforesaid and as a final decision pertaining to the period of dismissal is still to be taken by the competent authority the writ petition is disposed of leaving it open to the petitioner to submits a fresh representation within two weeks from today before the competent authority. In case such a representation is submitted

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then the competent authority shall endevour to decide the same and pass suitable orders in accordance with law and the relevant rules within a further period of eight weeks from the date of submission of the representation along with certified copy of this order.

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It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

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Order Date :- 14.9.2023 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad

Pankaj Kumar v. State of U.P. and 5 Others

Case brief

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Pankaj Kumar v. State of U.P. and 5 Others

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