Court No. - 58
Case :- WRIT - A No. - 23190 of 2018 Petitioner :- Dr. Brahm Autar Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.,Vivek Verma
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was employed as Lecturer in Lok Rashtriya Mahavidyalaya, Jasrana District Firozabad and has attained the age of superannuation on 1.11.2017. It appears that disciplinary action was taken against the petitioner but all such proceedings stand disapproved by an order of the Vice Chancellor of the University dated 3.5.2018. It is alleged that this order has attained finality. Submission is that in the facts and circumstances of the case, denial of retiral benefits to petitioner is wholly arbitrary. Submission is that no justification otherwise exists to deny retiral benefits to petitioner.
Sri Vivek Verma, learned counsel appearing for respondent nos. 3 & 4 states that the grievance of the petitioner can be examined by the authority concerned, in accordance with law.
Considering the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to the petitioner's claim for release of retiral benefits, by passing a reasoned order forthwith. Unless there exists any justification to withhold petitioner's retiral benefits, which aspect would be clarified by passing an order within a period of six weeks from the date of presentation of certified copy of this order, the authority concerned shall process and release the retiral benefits of the petitioner within a further period of three months thereafter. All consequential actions shall be taken accordingly.
Order Date :- 30.10.2018 n.u.