Court No. - 18
Case :- WRIT - A No. - 6469 of 2018 Petitioner :- Arun Kumar Mishra Respondent :- University Of Allahabad Through Its Registrar And 2 Ors. Counsel for Petitioner :- Abhishek Mishra,Abhishek Mishra,Alok Mishra Counsel for Respondent :- Neeraj Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Abhishek Mishra, learned counsel for the petitioner; Shri Yanendra Pandey, Advocate holding brief of Shri Neeraj Tripathi, Advocate appearing for the University concerned.
The writ petition is being finally decided, on consent, without calling for the counter affidavit.
Petitioner is before this Court with the request to command and direct the respondent to give arrears of salary to him w.e.f. 01.11.1989 till 04.09.2002 after adding the bonafide services rendered by him since 01.11.1989 with 18% interest on delayed payment. Further prayer has been made to accord him benefits of promotion as well as M.A.C.P. in 24 years of his entire service.
Learned counsel for the petitioner has apprised to the Court that the issue of counting of service of petitioner has already been settled by this Court vide orders dated 27.07.2017 and 04.08.2017 passed in Special Appeal no.207/2004 (Arun Kumar Mishra vs. University Of Allahabad and others) and in compliance thereof the Vice Chancellor of the University concerned has taken decision on 20.09.2017 and accorded approval to release the all consequential retiral benefits as per rules to the petitioner but the claim of petitioner for regularization from the date of his actual appointment is still pending. He has submitted that for the aforesaid reliefs petitioner has already made detailed representation dated 02.01.2018 before the Chancellor of the University concerned but no action has been taken on the same till date and as such, this Court should come to the rescue and reprieve of the petitioner.
Shri Yanendra Pandey, Advocate submits that in case any such claim/representation is still pending, the same shall be decided at the earliest by the authority concerned.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, the Writ Petition is disposed of asking the Registrar, University of Allahabad, Allahabad(first respondent) to look into the grievance of the petitioner and redress the same in accordance with law, as early as possible, preferably within a period of two months from the date of production of certified copy of this order.
Order Date :- 22.2.2018
A. Pandey