Disposed

Kanhaiya Lal Dubey v. U.P. Forest Corp. Lko Thru. Managing Director and 2 Others

Allahabad HC17 Dec 2024WRIA/12028/2024

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging an order intimating superannuation. It directed the authority to verify the petitioner's high school certificate regarding his date of birth and take a final decision within three weeks, without adjudicating merits.

What did the court decide?

Direction to take a final decision within three weeks regarding the petitioner's date of birth.

Kanhaiya Lal Dubey Vs U.P. Forest Corp… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:84318

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Court No. - 5

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Case :- WRIT - A No. - 12028 of 2024 Petitioner :- Kanhaiya Lal Dubey Respondent :- U.P. Forest Corp. Lko Thru. Managing Director And 2 Others

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Counsel for Petitioner :- Parmanand Sharma Counsel for Respondent :- Rishabh Tripathi

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Hon'ble Abdul Moin,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the petitioner and Shri Rishabh Tripathi, learned counsel for the respondents no. 1 to 3.

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With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.

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Under challenge is the order dated 08.08.2024, a copy of which is annexure 1 to the writ petition, whereby the petitioner has been informed that he would be attaining the age of superannuation on 31.12.2024.

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The contention of learned counsel for the petitioner is that as per the service record his date of birth was recorded as 01.01.1965 although his actual date of birth is 02.07.1965. He states that after receipt of the notice dated 08.08.2024 he apprised the department about his correct date of birth which has resulted in the office of the Regional Manager of the respondent corporation sending a letter to the Divisional Logging Manager dated 29.10.2014, a copy of which is annexure 11 to the writ petition, to have the high school certificate of the petitioner verified from Madhyamik Shiksha Parishad.

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Shri Rishabh Tripathi, learned counsel for the respondents states that in pursuance to the aforesaid letter the Divisional Logging Manager vide letter dated 13.11.2024 has required the

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Madhyamik Shiksha Parishad to verify the high school certificate of the petitioner.

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Shri Tripathi states that final decision in the matter would be taken within a specified time.

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Considering that the matter pertaining to date of birth of the petitioner is being considered by the respondents, as such the instant writ petition is disposed of with a direction to the competent authority to take a final decision in the matter of the petitioner pertaining to his date of birth in accordance with law and relevant rules.

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Let such a decision be taken within a period of three weeks from the date of receipt of a certified copy of this court.

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It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

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Order Date :- 17.12.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Kanhaiya Lal Dubey v. U.P. Forest Corp. Lko Thru. Managing Director and 2 Others

Case brief

What is this about?

What did the court decide?

Kanhaiya Lal Dubey v. U.P. Forest Corp. Lko Thru. Managing Director and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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