Disposed

Ram Lalak Rai v. State of U.P. and 4 Others

Allahabad HC27 Aug 2024WRIA/11306/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking regular pension and retiral dues for a retired Assistant Teacher. The court directed the competent authority to decide the claim expeditiously and issue a reasoned order without adjudicating the merits of the case.

What did the court decide?

Directing the competent authority to decide the petitioner's claim on retiral dues and salary within three months via a reasoned order.

Ram Lalak Rai vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:136905

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Court No. - 9

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Case :- WRIT - A No. - 11306 of 2024

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Petitioner :- Ram Lalak Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Niraj Tiwari,Rohit Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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Notice on behalf of respondent nos. 1 to 4 has been accepted by learned Standing Counsel. Notice need not to be issued to respondent no. 5, at this stage.

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This writ petition has been filed with the following prayer:-

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"A. Issue a writ, order or direction in the nature of mandamus commanding the respondent specifically the respondent no. 3 and 4 to ensure the retiral dues i.e. and regular pension w.e.f. April 2023 with all consequential benefits to the petitioner (treating his service w.e.f. 25.2.2003 as regular service) within stipulated period as fixed by this Hon'ble Court.

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B. Issue a writ, order or direction in the nature of mandamus commanding the respondents specifically the respondent no. 3 and 4 to ensure the retiral due i.e. salary w.e.f. March 2003 to September 2010 as Assistant Teacher (Game) in the institution to the petitioner with appropriate interest from the due date till the date of actual payment to the petitioner by passing speaking reasoned order within stipulated period as fixed by this Hon'ble Court.

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C. Issue a writ, order or direction in the nature of mandamus commanding the respondents specifically the respondent no. 3 Joint Director of Education Azamgarh Mandal Azamgarh to take appropriate decision about the petitioner's claim i.e. retiral dues and regular pension after following dues process and in accordance with law by passing speaking reasoned order within stipulated period as fixed by this Hon'ble Court."

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It is contended that applicant was appointed as an Assistant Teacher in the year 2003 and attained the age of superannuation on 31.03.2023 but till date his retiral dues along with regular pension has not been paid.

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As no useful purpose would be served in keeping the matter pending, the matter is being disposed of at this stage without

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calling for counter affidavit. The petitioner is directed to move a comprehensive representation before the competent authority who shall decide the same, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of three months from the date of production of certified copy of this order.

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With the aforesaid directions, writ petition stands disposed of.

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It is made clear that the Court has not adjudicated upon the merits of the case.

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Order Date :- 27.8.2024 V.S.Singh

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Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Ram Lalak Rai v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Ram Lalak Rai v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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