Petitioner sought release of arrears of service dues. Court declined to decide on merits but directed respondent Authority to decide the pending representation by a reasoned order within six weeks.
Directed respondent no. 3 to decide the pending representation of petitioner via a reasoned order within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- WRIT - A No. - 21668 of 2022
Petitioner :- Jaidevi Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Gaur Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner as well as the learned Chief Standing Counsel for the State-respondents.
By means of the present petition, the petitioner seeks a direction in the nature of Mandamus commanding the respondent no. 3 to release the arrears of service dues of revised pay-scale with appropriate interest in favour of the petitioner.
The learned counsel for the petitioner has also submitted that the petitioner has already raised the issue by moving a representation before the respondent no. 3, a copy of the same has been brought on record as Annexure no. 4, which has yet not been decided.
Considering the nature of the dispute raised by the petitioner and whether the petitioner is entitled to the said benefit is a decision which is to be taken by the Authority concerned, accordingly, this Court is not inclined to call for the counter affidavit or to seek instructions from the State rather is of the opinion that ends of justice can be served by directing the respondent no. 3 to consider and decide the pending representation of the petitioner by a speaking and reasoned order preferrably within a period of six weeks from the date, a certified copy of this order is placed before the Authority concerned.
It is made clear that the Court has not examined the case of the petitioner on merits and the Authority concerned shall decide the same strictly in accordance with the applicable rules and law.
With the aforesaid, the petition stands disposed of.
Order Date :- 7.2.2023 ank
Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Court should exercise jurisdiction in a writ petition for release of arrears of service dues.
Jaidevi Shukla
State Of U.P.
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
