Disposed

Shivresh Kumar v. State of U.P. and 2 Others

Allahabad HC23 May 2023WRIA/6462/2023

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What is this about?

The Court disposed of the writ petition by permitting the petitioner to file a fresh representation regarding unpaid retiral dues before the District CoOperative Bank Ltd., Bijnor, within two weeks, with the respondent directed to decide the claim within two months.

What did the court decide?

Permission to file a fresh representation within two weeks; direction to respondent to decide the claim within two months.

Shivresh Kumar Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:113213

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Court No. - 36

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Case :- WRIT - A No. - 6462 of 2023 Petitioner :- Shivresh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indresh Kumar Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Lal

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri I. K. Mishra, learned counsel for the petitioner, learned Standing Counsel for the State-Respondent No.1 and Sri Ashok Kumar Lal, learned counsel for the Respondent Nos.2 & 3.

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This Court vide order dated 08.05.2023 had required Sri A. K. Lal, learned counsel representing the Respondent Nos.2 & 3 to apprise the Court as to why the retiral dues of the petitioner including the Provident Fund, Gratuity, Leave Encashment, Group Insurance and Security amount along with interest was not paid to the petitioner within time.

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Pursuant to the said order, Sri A. K. Lal, on instructions, submits that the respondents are intending to initiate the proceedings under Section 68 of the U.P. Cooperative Societies Act, 1965. The final payment as claimed by the petitioner shall be considered only after conclusion of the proceedings. He, however, submits that so far as the Prayer No.2 made in the writ petition is concerned, the same can be considered by the respondent authority within time frame fixed by this Court.

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Sri I. K. Mishra, learned counsel for the petitioner submits that the petitioner superannuated on 31.03.2022 and his retiral dues has not been released since his superannuation. He further submits that the Prayer No.2 in respect of directing the respondents to decide the claim of the petitioner in accordance with law by reasoned and speaking order may be considered by the respondents. It is further submitted that the petitioner may be permitted to file a comprehensive representation setting forth his claim which may be directed to be decided by the Respondent No.2.

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Learned Standing Counsel for the State Respondent No.1 as well as Sri A. K. Lal, learned counsel appearing for the Respondent Nos.2 & 3 submit that they have no objection to the aforesaid proposition.

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Considering the submissions advanced, this Court is of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly, disposed of permitting the petitioner to file a fresh representation before the Respondent No.2, Secretary/Chief Executive Officer, District CoOperative Bank Ltd., Bijnor, within a period of two weeks from today. In the eventuality of filing such representation by the petitioner, it is directed that the Respondent No.2, shall pass appropriate orders thereon, after considering all aspects of the matter, strictly in accordance with law, preferably within a period of two months from the date of service of a certified copy of this order.

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Needless to say that this Court has not expressed any opinion on the merits of the claim of the petitioner and it shall be open for the Respondent No.2 to pass appropriate orders strictly in accordance with law.

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Order Date :- 23.5.2023 pks

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Shivresh Kumar v. State of U.P. and 2 Others

Case brief

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Shivresh Kumar v. State of U.P. and 2 Others

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