Rama Shankar Katara Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

Rama Shankar Katara Vs State of U.P. and 3 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No.4, District Basic Education Officer, District Hathras, to pass appropriate orders on the petitioner's application dated 06.04.2023, 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.

Issue for consideration

Whether Respondent No.4, the District Basic Education Officer, Hathras, should be directed (via writ of mandamus) to make payment of the petitioner's monthly family pension with arrears since March 2019 and gratuity admissible consequent to his voluntary retirement, or to pass appropriate orders on his pending representation.

Court's answer

No useful purpose would be served by keeping the writ petition pending; it is disposed of with the expectation that Respondent No.4, District Basic Education Officer, District Hathras, will pass appropriate orders on the petitioner's application dated 06.04.2023, after considering all aspects of the matter, strictly in accordance with law, preferably within two months from the date of service of a certified copy of the order.

Ratio / Principle

The Court has not expressed any opinion on the merits of the petitioner's claim, and it remains open to Respondent No.4 to pass appropriate orders strictly in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.) disposed of a writ petition filed by Rama Shankar Katara, an Assistant Teacher in a Sr. Secondary School who had applied for voluntary retirement on 05.03.2019 (effective 31.03.2019), praying for a writ of mandamus commanding the District Basic Education Officer, Hathras to pay monthly family pension with arrears since March 2019 and gratuity consequent to the voluntary retirement. Both sides having raised no objection to a direction-based disposal, the Court disposed of the petition, expecting Respondent No.4, seized with the petitioner's application dated 06.04.2023, to pass appropriate orders thereon after considering all aspects, strictly in accordance with law, preferably within two months from service of a certified copy of the order. The Court expressly expressed no opinion on the merits of the claim.

Neutral Citation No. - 2023:AHC:104751

Court No. - 36

Case :- WRIT - A No. - 7985 of 2023

Petitioner :- Rama Shankar Katara Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitinjay Pandey Counsel for Respondent :- CSC,Akhilesh Chandra Srivastava

Hon'ble Ashutosh Srivastava,J.

Heard Sri Nitinjay Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-Respondent Nos.1 & 2 and Sri Akhilesh Chandra Srivastava, learned counsel for the Respondent Nos.3 & 4.

The petitioner, who was appointed as Assistant Teacher in Sr. Secondary School and is stated to have applied for voluntary retirement on 05.03.2019, which was accepted to be effected from 31.03.2019, has approached this Court seeking issuance of a writ of mandamus commanding the District Basic Education Officer, Hathras to make payment of monthly family pension along with its arrears since March, 2019 as well as payment of gratuity etc. admissible to him consequent to his voluntary retirement. He submits that purpose of filing this writ petition would be served if directions are issued to the Respondent No.4, District Basic Education Officer, District Hathras, to pass appropriate orders on the pending representation of the petitioner.

Learned Standing Counsel for the State Respondent Nos.1 & 2 as well as Sri Akhilesh Chandra Srivastava, learned counsel appearing for the Respondent Nos.3 & 4 submit that they 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 same is accordingly, disposed of expecting the Respondent No.4, District Basic Education Officer, District Hathras, seized with the application of the petitioner dated 06.04.2023, 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 this order.

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.4 to pass appropriate orders strictly in accordance with law.

Order Date :- 15.5.2023 pks

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