Court No. - 16
Case :- WRIT - A No. - 23128 of 2018
Petitioner :- Bikrma Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sujit Kumar Rai
Counsel for Respondent :- C.S.C.,Shiv Nath Singh
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner and learned standing counsel who appears on behalf of respondent No. 1. Mr. Shiv Nath Singh who has accepted notice on behalf of the respondent No. 2 and 3.
2. The petitioner has prayed for a Mandamus to the respondent No. 3 to release post retiral benefits including gratuity, leave encashment and group insurance to the petitioner and also his salary w.e.f. 15.05.2013 to 16.07.2013.
3. The petitioner says that he was initially suspended in contemplation of disciplinary proceedings. Such disciplinary proceedings were not held and concluded and now they cannot continue in view of the law laid down by the Hon'ble Supreme Court in Deo Prakash Tewari Vs. U.P. Cooperative Institutional Service Board and Ors.; (2014) 7 SCC 260.
4. The counsel for petitioner has also placed reliance upon the decision of this Court in Writ - A No. 20854 of 2018 (Dr. Alok Kumar Srivastava Vs. State of U.P. and 2 others) where the writ petition was disposed off on 27.09.2018 directing the respondent No. 3, Member/Secretary, State Cadre Authority, Cooperative Banks Centralized Service/Managing Director, U.P. Cooperative Bank Ltd., Lucknow to take an appropriate decision with regard to the payment of retiral dues of the petitioner expeditiously.
5. A prayer has been made for grant of similar benefit to the petitioner before this Court as well.
6. Without entering into the merits of the controversy this writ petition is disposed off with a direction to the respondent No. 3 to look into the grievance of the petitioner as raised in his representation dated 03.07.2018 and pass appropriate reasoned and speaking order thereon taking into account the judgment and order dated 27.09.2018 passed in Writ - A No.
20854 of 2018 (Dr. Alok Kumar Srivastava Vs. State of U.P. and 2 others) as also the law settled by the Hon'ble Supreme Court in Deo Prakash Tewari Vs. U.P. Cooperative Institutional Service Board and Ors.; (2014) 7 SCC 260 (supra).
7. It shall be open for the petitioner to make a fresh representation annexing copy of the judgment rendered in Writ - A No. 20854 of 2018 (Dr. Alok Kumar Srivastava Vs. State of U.P. and 2 others) within a period of two weeks from today before the respondent No. 3. The respondent No. 3 shall decide the matter by a reasoned and speaking order within a period of six weeks thereafter. If any dues are found admissible to be paid to the petitioner, the respondent No. 3 shall ensure payment of the same within a further period of one month.
8. The writ petition is disposed off.
Order Date :- 29.10.2018 LBY