Court No. - 34
Case :- WRIT - A No. - 3652 of 2005 Petitioner :- Chunni Lal Respondent :- State Of U.P. And Others Counsel for Petitioner :- Rajiv Kumar Srivastava Counsel for Respondent :- C.S.C.,K.K.Singh-1,Ranjay Kumar,Surendra Tewari,V.K. Chandel Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
"(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay petitioner's family pension regularly months to months and also arrears of family pension w.e.f. 6.3.2001 till onwards.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay arrears of pension w.e.f. 27.9.1996 to 5.3.2001 and arrears of other post retiral benefits i.e. gratuity, group insurance, time to time payable dearness allowance, bonus, leave encashment and provident funds etc. and other due emoluments of Smt. Muniya Devi (deceased), Safai karamchari of Nagar Palika Parishad, Ghazipur.
(iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay petitioner's compound interest at the rate of 24 % per annum on the due amounts of the petitioner from the date of retirement i.e. 27.9.1996 till actual payment is made.
(iv) issue a writ, order or direction in the nature of mandamus commanding the respondent no.5 to consider and decide the representation of the petitioner dated 2.9.2004 filed as Annexure no.6 to this writ petition."
3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 26.10.2018
Manish Himwan