Court No. - 36
Case :- WRIT - A No. - 12826 of 2021 Petitioner :- Dhum Singh Respondent :- Managing Director, Uttar Pradesh Jal Nigam And 2 Others Counsel for Petitioner :- Subodh Kumar Rai Counsel for Respondent :- Suresh Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and Sri Vimlesh Kumar Rai, learned counsel for respondents.
Present petition has been filed with following relief;
(i) Issue a writ, order or writ of mandamus commanding and directing the Respondent no.1/Managing Director, Uttar Pradesh Jal Nigam, Lucknow to pay the Gratuity, Leave encashment, G.I.S. and Pension arrears of the petitioner alongwith interest accrued thereon, within a stipulated period as fixed by the Hon'ble Court.
(ii) Issue a writ, order or writ of mandamus commanding and directing the Respondent no.1/Managing Director, Uttar Pradesh Jal Nigam, Lucknow to pay interest at the rate of 12% per annum till the actual payment of the aforesaid withheld funds of the petitioner.
Learned counsel for the respondents submitted that petitioner may submit representation before the respondent no. 1 for reddresal of his grievance and in case any such representation is filed, respondent no. 1 shall consider and decide the same in accordance with law for which learned counsel for the petitioner has no objection.
Under such facts and circumstances of the case, this petition is disposed of with liberty to petitioner to file a representation before the respondent no. 1 within ten days from today. In case any such representation alongwith computer generated copy of this order is filed by the petitioner, respondent no. 1 is directed to consider and decide the same in accordance with law maximum within a period of three months from the date of receiving of the representation. It is made clear that representation of the petitioner shall not be rejected on the ground of shortage of funds if he is otherwise entitled for the said payment.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 1 to decide the representation of the petitioner after considering the Act, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 24.9.2021 Rmk.