Court No. - 39
Case :- WRIT - A No. - 16001 of 2018 Petitioner :- Dr.Hamendra Johri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Shri Kshitij Shailendra, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking a direction to the respondent no.1 to pay arrears of salary and post retiral benefits as provided under Clause (2) of the Government Order No.5479/12-Pa-1-8 (28)/90 dated 05/09.02.1994 as has been done in the case of one Dr. V.K. Srivastava. Reliance has been placed on Annexure-1 to the writ petition, which is an order passed by the State Government dated 30.03.2017 in the case of one Dr. V.K. Srivastava, who has already retired from service earlier and was also granted Pay Scale of Rs.3,700-5,000/- as he was carrying the Pay Scale of Rs.3,000-4,500/-.
In our opinion, this matter needs to be examined by the respondent no.1, Principal Secretary (Animal Husbandry) Civil Secretariat, Lucknow, U.P.
No useful purpose would be served by keeping this writ petition pending.
This writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent no.1, Principal Secretary (Animal Husbandry) Civil Secretariat, Lucknow, U.P. to examine the matter in the light of the facts mentioned above bearing in mind its decision dated 30.03.2017 in the case of one Dr. V.K. Srivastava and pass appropriate orders expeditiously preferably within a period of three months from the date a certified copy of this order is received in his office considering that the petitioner is a senior citizen and is about 80 years old.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 26.7.2018 N Tiwari