Court No. - 30
Case :- WRIT - A No. - 15127 of 2019 Petitioner :- Baleshwar Prasad Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard the petitioner in person and learned Standing Counsel appearing for the State respondents.
Present petition has been filed for issuing a writ of mandamus commanding the respondents to confirm the petitioner on the post of investigator-cum-computer and regularize on the post of Statistical Assistant from the date on which next to junior of the petitioner has been confirmed and regularized and sanction pension and other retiral dues with 12% interest as per law.
Submission of the petitioner in person is that he is entitled for confirmation on the post which he was holding in Planning Department, namely, Investigator-cum-Computer. He submits that his claim regarding confirmation is not affected by the fact that he was subsequently absorbed in the District Rural Development Agency. He submits that in view of the law laid down by the Hon'ble Apex Court his claim with the Planning Department is to be considered for the purpose of grant of pension. He submits that he is retired from service in the year 2014 but he was not paid pension and other retiral dues on the ground that he was not confirmed on the aforesaid post in this Department.
At the very outset, Sri Ramesh Pundir, learned Standing Counsel submits that all such grievances of the petitioner can be suitably looked into by the respondent no.2.
Accordingly, present petition stands disposed of with a direction to the respondent no. 2-Director General, State Planning Institute (New Division), Lucknow to decide the representation of the petitioner preferably within a period of three months from the date of production of certified copy of this order before him.
The petitioner is at liberty to file fresh representation along with certified copy of this order.
However, in case, the decision is to be taken by some other authority, the respondent no.2-Director General, State Planning Institute (New Division), Lucknow shall forward the representation of the petitioner to some other authority competent to decide the representation of the petitioner within shortest time possible from the date of production of the representation before him.
During the course of arguments, it transpires that one petition of the petitioner challenging his absorption in the District Rural Development Agency is pending before the Lucknow Bench of this Court, however, submission of the petitioner is that the pendency of the present petition is no hurdle in deciding the claim of the petitioner in the Planning Department.
All such aspects can be looked into by the authority concerned on his prayer.
With this observation, present petition stands disposed of.
Order Date :- 27.9.2019 Aditya