Disposed

Indra Kumar Singh v. State of U.P. Thru. Its Prin. Secy. Irrigation Deptt. Lko and 5 Others

Allahabad HC21 Jun 2024WRIA/4750/2024

Case brief

AI extract

What is this about?

Petitioner, a retired employee with kidney failure, sought writ for payment of dues and non-decision on representation. Court disposed petition at admission stage by directing petitioner to submit fresh representation within 15 days and ordering authorities to pass reasoned order within three weeks.

What did the court decide?

Permitted petitioner to prefer fresh representation within 15 days; directed authority to decide with expedition within three weeks.

Indra Kumar Singh vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43825

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Court No. - 2

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Case :- WRIT - A No. - 4750 of 2024

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Petitioner :- Indra Kumar Singh Respondent :- State Of U.P. Thru. Its Prin. Secy. Irrigation Deptt. Lko And 5 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.,Dipak Seth

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Rakesh Kumar Singh, learned counsel for the petitioner, Sri Saharsh Srivastava, learned Additional Chief Standing Counsel for the opposite party Nos.1, 2, 3, 5 & 6 and Sri Jatin Sinha, learned Advocate holding brief of Sri Dipak Seth, learned counsel for the opposite party No.4.

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2. By means of this petition, the petitioner has prayed for the following reliefs:-

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"(I) To issue a writ, order or direction in the nature of mandamus, thereby commanding the opposite parties to pay the leave encashment, gratuity, general insurance scheme and regular pension admissible under law and government scheme as the petitioner has been retired from the post of regular tube-well operator employee on 30.06.2023 after attaining the age of superannuation but till date nothing has been paid by the opposite parties.

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(II) To issue a writ, order or direction in the nature of mandamus, thereby commanding the opposite parties particularly opposite party No.2 to decide the representation dated 30.09.2023 regarding the post retiral dues along with the interest for delayed payment as per the rule, in the interest of justice."

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3. Learned counsel for the petitioner has stated that the petitioner has retired from service on 30.06.2023, since then, he has not been paid any post retiral dues and the petitioner is suffering from Kidney failure, therefore, he is in the dire need of money.

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4. Learned counsel for the petitioner has submitted that for redressal of his grievance the petitioner has preferred representation dated 30.09.2023 to the opposite party No.2, which has been annexed as Annexure No.1 to the petition, but no appropriate decision has been taken on the same till date.

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5. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the

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Competent Authority, therefore, he may be permitted to prefer a fresh representation to the opposite party No.2 i.e. the Executive Engineer, Nalkoop Khand, Sultanpur and the direction may be issued him to consider and decide the said representation of the petitioner with expedition.

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6. Learned counsel for the opposite parties has no objection if direction for disposal of the said representation is issued.

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7. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the Executive Engineer, Nalkoop Khand, Sultanpur raising all his pleas and grounds which are available with him for disposal of the representation annexing therewith copy of his earlier representation and the relevant documents in support of his claim within a period of fifteen days, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition, preferably within a period of three weeks from the date of presentation of a certified/computerized copy of this order along with representation and shall take all endeavour to make payment of retiral dues to the petitioners if there is no other legal impediment for the reason that the petitioner is suffering from serious ailment i.e. Kidney failure. The decision, so taken on the representation of the petitioner, be intimated to the petitioner forthwith.

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8. In view of the aforesaid terms, the writ petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 21.6.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Indra Kumar Singh v. State of U.P. Thru. Its Prin. Secy. Irrigation Deptt. Lko and 5 Others

Case brief

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Indra Kumar Singh v. State of U.P. Thru. Its Prin. Secy. Irrigation Deptt. Lko and 5 Others

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