Chhabi Lal Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

Chhabi Lal Vs State of U.P. and 4 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 3, the Executive Officer, Nagar Palika Parishad, District-Basti, to pass appropriate orders on the petitioner's pending representation dated 17.06.2020, 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 the order of this Court.

Issue for consideration

Whether a writ of mandamus should issue commanding respondent nos. 3 and 4 to revise the petitioner's pension and release it along with arrears and interest in terms of the Government Order dated 19.12.2016 and Gazette Notification dated 31.01.2017. +1 more

Court's answer

No useful purpose would be served by keeping the writ petition pending; the issue of revision of pensionery benefits and release of the arrears along with interest, in terms of the Government Order dated 01.12.2016 and Gazette Notification dated 31.01.2017, shall be considered by respondent no. 3 at the first instance.

Ratio / Principle

The writ petition is disposed of requiring respondent No. 3, the Executive Officer, Nagar Palika Parishad, District-Basti, to pass appropriate orders on the petitioner's representation dated 17.06.2020, 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 the order of this Court.

Key takeaways

This Court has not expressed any opinion on the merits of the case; it shall be open to respondent No. 3, the Executive Officer, Nagar Palika Parishad, District-Basti, to pass appropriate orders in accordance with law.obiter¶12

Detailed headnote1 paragraphs

WRIT - A (Allahabad High Court, Ashutosh Srivastava, J., 15.5.2023): Retired Safai Karmchari of Nagar Palika Parishad, Basti (superannuated 07.10.1999) sought mandamus commanding respondent nos. 3 and 4 to revise his pension and release it with arrears and interest in terms of the Government Order dated 19.12.2016 and Gazette Notification dated 31.01.2017. Since a representation dated 17.06.2020 was already pending before respondent no. 3 and counsel for the respondents raised no objection, the Court held no useful purpose would be served by keeping the writ petition pending and disposed of the petition, requiring respondent No. 3, the Executive Officer, Nagar Palika Parishad, District-Basti, to pass appropriate orders on the representation, after considering all aspects, strictly in accordance with law, preferably within two months of service of a certified copy. The Court expressly did not express any opinion on the merits.

Neutral Citation No. - 2023:AHC:104336

Court No. - 36

Case :- WRIT - A No. - 7947 of 2023

Petitioner :- Chhabi Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kanhaiya Lal Counsel for Respondent :- C.S.C.,Ravi Kumar Shukla

Hon'ble Ashutosh Srivastava,J.

Heard Shri Kanhaiya Lal, learned counsel for the petitioner and Shri Ravi Kumar Shukla, learned counsel, who has accepted notice on behalf of the respondent nos. 3 and 4. Learned Standing Counsel has accepted notice on behalf of the respondent nos. 1, 2 & 5.

The writ petitioner, who has superannuated on 07.10.1999, from the post of Safai Karmchari in Nagar Palika Parishad, Basti, has approached this Court seeking issuance of writ of mandamus commanding the respondent nos. 3 and 4 to revise his pension and release the same along with arrears and interest thereon in terms of the Government Order dated 19.12.2016 and Gazette Notification dated 31.01.2017 within time frame fixed by this Court.

At the very out set, learned counsel for the petitioner submits that for the said purpose the petitioner has already preferred a representation, addressed to the respondent no. 3 and the purpose of filing this writ petition would be served if directions are issued to the respondent No. 3 to pass appropriate orders on the pending representation of the petitioner within time frame fixed by this Court.

Shri Ravi Kumar Shukla, learned counsel representing the respondents as well as learned Standing Counsel representing the State respondents have no objection to the aforesaid proposition.

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 issue as regards the revision of pensionery benefits and release of the arrears along with interest, in terms of the Government Order dated 01.12.2016 and Gazette Notification dated 31.01.2017 shall be considered by the respondent no. 3 at the first instance. Accordingly this writ petition

is, disposed of requiring the respondent No. 3, The Executive Officer, Nagar Palika Parishad, District-Basti, seized with the representation of the petitioner dated 17.06.2020, to 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 the order of this Court.

Needless to say that this Court has not expressed any opinion on the merits of the case and it shall be open for the respondent No. 3, The Executive Officer, Nagar Palika Parishad, District-Basti, to pass appropriate orders, in accordance with law.

Order Date :- 15.5.2023 Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad