Disposed

Dr Jay Prakash Shukla v. State of U.P. and 2 Others

Allahabad HC9 Feb 2023WRIA/20308/2022

Case brief

AI extract

What is this about?

The petitioner sought a writ mandamus directing the respondent to send the draft of commuted pension and gratuity amount. The Court disposed of the petition by directing the authority to take requisite approvals and communicate the decision within eight weeks, without examining the claim on merits.

What did the court decide?

Directioned the respondent No.2 to obtain necessary approvals and communicate the decision regarding the petitioner's claim of pro-rata pension and gratuity within eight weeks.

Dr Jay Prakash Shukla Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 20308 of 2022

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Petitioner :- Dr Jay Prakash Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Prasad Singh Counsel for Respondent :- C.S.C.,Hem Pratap Singh,Pooja Agarwal

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents as well as Ms. Shruti Taneja holding brief of Ms. Pooja Agarwal, learned counsel for the respondent No.3.

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In pursuance of the earlier order dated 30.01.2023, the learned standing counsel was required to seek instructions. On the basis of the written instructions, which has been provided to the Court, under the signatures of the Director (Administration), it has been informed that the issue regarding the claim made by the petitioner has been deliberated on a meeting held on 24.01.2023 and certain opinions and approvals are required to be taken which may requires time. It is also stated that about two months' time for the aforesaid purpose would be taken.

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Noticing the aforesaid stand taken by the respondents and considering the prayer made by the petitioner which is reproduced as under:-

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"Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to sent the draft of commuted amount (Gratuity Rs.2,64,473.00+ Pro-rata Pension Rs.20,53,744.00=Total amount Rs.23,18,217.00) of the petitioner with regard to period from 10.02.1999 to 01.12.2009, in pursuance of office of the Registrar (Teaching Administration) sent to letter to Director General Medical Health and Services Patrank;AB/29-A-105/56256 dated 15.02.2019 for payment of Gratuity as well as Pro-rata Pension within short stipulated period as may be fixed by this Hon'ble Court."

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This Court finds that no gainful purpose would be served in keeping the petition pending rather ends of justice would be met by directing the respondent No.2 to ensure that all the necessary opinion/approval and appropriate decision shall be taken and thereafter communicate the decision so taken to the petitioner within a period of eight weeks from the date a certified copy of this order is placed before the authority concerned.

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It is made clear that this Court has not examined the claim of the petitioner on merits and the authority shall take a decision strictly in accordance with the applicable Rules.

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With the aforesaid, the petition is disposed of .

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Order Date :- 9.2.2023 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad

Dr Jay Prakash Shukla v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Dr Jay Prakash Shukla v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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