Court No. - 16
Case :- WRIT - A No. - 9207 of 2018 Petitioner :- Deep Chandra Maurya Respondent :- State Of U.P. And 05 Others Counsel for Petitioner :- Ranjeet Asthana Counsel for Respondent :- C.S.C.,Ajeet Kumar Singh
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner and Sri Shashi Prakash Rai, learned counsel holding brief of Sri Ajeet Kumar Singh, learned counsel for the respondents.
The petitioner has made following prayer in the writ petition:-
"(i) issue a writ, order or direction in the nature of mandamus commanding to the respondent authorities to consider the grievances of the petitioner and initiate the enquiry against the guilty person in the interest of justice."
The prayer is vague. No relief can be granted on the aforesaid prayer.
Faced with the aforesaid, learned counsel for the petitioner recasts his relief as well as his submissions. Learned counsel for the petitioner submits that the petitioner superannuated from service in the year 2014. His terminal dues have not been paid. The only prayer is that the terminal dues which are admissible to the petitioner may be released.
Learned counsel for the respondents does not have any serious objection to the aforesaid prayer. However, he submits that the facts of the case have to be verified by the competent authority.
In view of above, the matter is remitted back to the respondent no. 3, Regional Manager, UPSRTC, Azamgarh. It is open to the petitioner to make a fresh representation regarding his terminal and post retiral dues to the respondent no. 3 within a period of one month. In case, such a representation is made within a stipulated period of one month, the respondent no. 3 shall decide the same in accordance with law by a reasoned and speaking order. In case the petitioner is found entitled to any terminal or post retiral dues the same shall be released along with decision on the representation. The entire exercise shall be completed by the respondent no. 3 within a period of three months from the date of receipt of a certified copy of this order alongwith copy of the representation.
The Court has not gone into the veracity of the assertions in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of finally.
Order Date :- 26.10.2018 Pravin