Petitioner sought direction to pay unpaid honorarium (2014-2020). Court did not examine merits; directed respondent to decide entitlement and communicate reasons within six weeks.
Direction to respondent no. 4 to consider petitioner's claim for honorarium and inform decision via reasoned order within six weeks.
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Court No. - 33 Case :- WRIT - A No. - 604 of 2023 Petitioner :- Chetra Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rafeek Ahmad Khan Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner as well as the learned Standing Counsel for the State-respondents.
By means of the instant petition, the petitioner prays a direction in the nature of Mandamus commanding the respondents to pay honorarium to the petitioner for the period 2014-2020.
The submission of learned counsel for the petitioner is that the petitioner is a driver and on end of each financial year, he was afforded the honorarium uptil the year 2014 but since the year 2014, he has not been paid and for the said reason, he has represented with the department and no decision has been taken.
Considering the nature of the prayer made as well as the fact that in so far as the honorarium is concerned, it is for the department to take a decision, hence, this Court is not inclined to keep the matter pending rather ends of justice can be met by directing the respondent no. 4 to consider and take a decision as to whether the petitioner is entitled for the grant of honorarium for the period as claimed and inform the petitioner in writing about its decision by a reasoned and speaking order 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 claim of the petitioner on merits and the Authority concerned shall decide the same strictly in accordance with law.
With the aforesaid, the petition stands disposed of.
It is made clear that the Court has not examined the claim of the petitioner on merits and the Authority concerned shall decide the same strictly in accordance with law.
With the aforesaid, the petition stands disposed of.
Order Date :- 6.2.2023 Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to honorarium for the period 2014-2020.
Chetra Pal
State Of U.P.
Jaspreet Singh
As recorded by the court registry
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