Ram Kishan (Kishnu) Mishra Vs State of U.P. Thru. Prin. Secy. Home, Lko. and 2 Others — Allahabad HC (2024) — LawSathi Research

Ram Kishan (Kishnu) Mishra Vs State of U.P. Thru. Prin. Secy. Home, Lko. and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to prefer a fresh representation to the Commissioner of Police, Lucknow within ten days; the authority concerned directed to consider and dispose of it by a speaking and reasoned order in accordance with law, after hearing if required, preferably within six weeks of receipt of the certified copy, and to intimate the decision forthwith. Substantive claims (post-retiral benefits with 12% interest; suspended-period salary) were not adjudicated.

Issue for consideration

Whether the opposite parties are liable to pay the petitioner all post-retiral benefits including full pension, gratuity and other retiral and service dues, along with 12% interest on delayed payment. +1 more

Ratio / Principle

Without entering into the merits of the issue, the writ petition is disposed of finally at the admission stage, granting the petitioner liberty to prefer a fresh representation to the Commissioner of Police, Lucknow ventilating all available pleas and grounds, enclosing earlier representations, within ten days.

Key takeaways

If such fresh representation is preferred within the stipulated time, the authority concerned shall consider and dispose of it strictly by a speaking and reasoned order in accordance with law, after affording an opportunity of hearing to the petitioner if required, with expedition preferably within six weeks from receipt of the certified copy of the order, and the decision shall be intimated to the petitioner forthwith.ratio¶12

Detailed headnote1 paragraphs

Ram Kishan (Kishnu) Mishra v. State of U.P. Thru. Prin. Secy. Home, Lko. and 2 Others (WRIT - A No. 8278 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Rajesh Singh Chauhan J., order dated 24.9.2024; Neutral Citation 2024:AHC-LKO:66137). The petitioner sought (i) a mandamus for payment of all post-retiral benefits including full pension, gratuity and other retiral and service dues with 12% interest on delayed payment, and (ii) a mandamus directing the opposite parties to consider and decide his representation dated 07.12.2023 for payment of salary of the suspended period from 21.04.2010 till June 2013. Counsel for the petitioner requested permission to prefer a fresh representation to the Commissioner of Police, Lucknow. Without entering into the merits, the Court disposed of the petition finally at the admission stage, granting liberty to file such a fresh representation, taking all available pleas and grounds with copies of earlier representations, within ten days; upon such filing, the authority concerned is to consider and dispose of it strictly by a speaking and reasoned order in accordance with law, after affording an opportunity of hearing if required, with expedition preferably within six weeks of receipt of the certified copy, and to intimate the decision to the petitioner forthwith. No substantive entitlement to pension, gratuity, interest or suspended-period salary was decided.

Neutral Citation No. - 2024:AHC-LKO:66137

Court No. - 4

Case :- WRIT - A No. - 8278 of 2024

Petitioner :- Ram Kishan (Kishnu) Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 2 Others Counsel for Petitioner :- Deepti Gupta Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Ms. Deepti Gupta, learned counsel for the petitioner and Sri Uttam Kumar Srivastava, learned Standing Counsel.

By means of this petition, the petitioner has prayed the following relief:-

"I) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing to oppsoite parties to make the payment of all post-retiral benefits including full pension, gratuity and other retiral due to the Petitioner as well as other services dues along with 12% interest on delayed payment for which the petitioner is entitled in accorandances with law.

II) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to consider and decide the representation dated 07.12.2023 made by the petitioner for the payment for salary of suspended period from 21.04.2010 till June 2013."

The learned counsel for the petitioner has requested that the petitioner may be permitted to prefer a fresh representation to the Commissioner of Police, Lucknow for redressal of his grievance and direction may be issued to decide the said representation with expedition.

Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the Commissioner of Police, Lucknow, U.P. ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of ten days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order

in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of six weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith.

This writ petition is disposed of in view of the aforesaid terms. Order Date :- 24.9.2024 Anurag

Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench