The Court granted liberty to the petitioner to submit a fresh representation regarding pensionary benefits after noting a pending representation. The petition was disposed of without deciding the claim on merits.
Liberty granted to file a fresh representation within two weeks.
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Court No. - 33
Case :- WRIT - A No. - 2404 of 2023
Petitioner :- Sabir Ali And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Syed Wajid Ali Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioners and the learned Additional Chief Standing Counsel for the respondents-State.
By means of the instant petition, the petitioners seek a direction in the nature of mandamus commanding the respondent No.2 to compute pensionary and other retiral/terminal benefits payable to the petitioners after taking into account their entire services including the services rendered by them as Seasonal Collection Peon.
Learned counsel for the petitioners further submits that the petitioners have also raised their grievances by moving representations, a copy thereof has been placed on record as Annexure No.2 with the petition.
It is urged that the said representation is pending since December, 2022, but the same has not yet been decided.
Having considered the aforesaid submissions and looking into the nature of the relief which has been claimed and in light of the representation which is pending before the respondent No.2, at this stage, the Court is not inclined to call for a counter affidavit rather the Court is of the opinion that such an issue is to be first considered and decided by the authorities at the first instance.
Hence, in light of the pending representation and the submissions made in the instant petition, this Court, at this stage grants liberty to the petitioner to move a fresh representation raising all his grievance within two weeks from today. In case, such a representation is made to the respondent No.2, he shall consider and decide the same by passing a reasoned and speaking order preferably within a period of eight weeks from the date of receipt of the said representation and intimate the same to the petitioner in accordance with the applicable Rules and Law.
It is made clear that the Court has not examined the claim of the petitioners on merits and the respondent No.2 shall take a decision strictly in accordance with the applicable Rules and Law and communicate the decision so taken to the petitioners.
With the aforesaid, the petition is disposed of .
Order Date :- 14.2.2023 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner can seek a mandamus direction for computation of pensionary benefits when a representation is already pending with the authority.
Sabir Ali And 2 Others
State of U.P.
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
