Smt. Sarita vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Sarita vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 4, Executive Officer, Nagar Panchayat Raya, Mathura, to decide the petitioner's representation for disbursal of various service benefits including leave encashment, group insurance, arrears of allowance and pension and interest on retiral benefits as per law within three months from receipt of a certified copy of the order with a fresh copy of the representation; liberty to file a fresh writ petition (with possible costs) if not decided within that period.

Issue for consideration

Whether the Court should direct respondent No. 4 (Executive Officer, Nagar Panchayat Raya, Mathura) to decide the petitioner's representation for disbursal of various service benefits including leave encashment, group insurance, arrears of allowance and pension and interest on retiral benefits within a stipulated period of time.

Court's answer

Interest of justice will be served by directing respondent no. 4, Executive Officer, Nagar Panchayat Raya, Mathura, to decide the petitioner's representation for disbursal of various service benefits including leave encashment, group insurance, arrears of allowance and pension and interest on retiral benefits as per law.

Ratio / Principle

The representation shall be decided within a period of three months from the date of receipt of a certified copy of the order along with a fresh copy of the representation.

Key takeaways

If the representation is not decided within the said period, it shall be open to the petitioner to file a fresh writ petition, in which event the Court may impose appropriate costs.ratio¶12
The Court has not gone into the veracity of the assertions made in the writ petition nor judged the claim on merit; it is for the competent authority to do so after independent application of mind and in accordance with law.ratio¶13

Detailed headnote1 paragraphs

Service benefits - non-payment of leave encashment, group insurance, arrears of allowance and pension and interest on retiral benefits - petitioner's representation pending - writ petition disposed of with direction to respondent no. 4, Executive Officer, Nagar Panchayat Raya, Mathura, to decide the representation as per law within three months from receipt of certified copy of the order along with fresh copy of the representation - Court did not enter into veracity of assertions or merits of claim - liberty reserved to file fresh writ petition if representation not decided within the stipulated period, whereupon Court may impose appropriate costs.

Neutral Citation No. - 2025:AHC:11673

Court No. - 5

Case :- WRIT - A No. - 888 of 2025

Petitioner :- Smt. Sarita Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Piyush Kumar Tiwari Counsel for Respondent :- G.A.

Hon'ble Ajay Bhanot,J.

Matter is taken up in the revised call. Shri Piyush Kumar Tiwari, learned for the petitioner and learned Standing Counsel for the State are present.

The petitioner claims that various service benefits including leave encashment, group insurance, arrears of allowance and pension and interest on retiral benefits have not been paid to the petitioner. He has made a representation in this regard but to no avail.

The only prayer made on behalf of the petitioner is that his representation may be decided within a stipulated period of time.

In wake of the aforesaid submission no useful purpose will be served by keeping this writ petition pending before this Court. Interest of justice will be served by directing the respondent no. 4 Executive Officer, Nagar Panchayat Raya, Mathura to decide the representation of the petitioner for disbursal of various service benefits including leave encashment, group insurance, arrears of

allowance and pension and interest on retiral benefits as per law the within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.

With the aforesaid direction, the writ petition is finally disposed of.

In case the representation is not decided within the said period, it shall be open to the petitioner to file a fresh writ petition. In that event the Court may impose appropriate costs.

It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has judged the claim of the petitioner on merit. It is for the competent authority to do so after independent application of mind and in accordance with law.

Order Date :- 23.1.2025 Dhananjai

Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad