Heard Sri Rohit Pandey, learned counsel for the petitioner, learned Standing Counsel for the State - respondents No.1 to 3 and Sri Shashi Prakash Rai, learned counsel for the respondent No.4.
The petitioner has sought for the following reliefs in the instant writ petition:
"To issue a writ, order or direction in the nature of mandamus commanding the respondents to grant benefit of 2nd ACP to the petitioner due from the year 2014 and also pay arrears along with interest.
To issue a writ, order or direction in the nature of mandamus commanding the respondents to re-calculate and pay the monthly pension of the petitioner in accordance with recommendation of 7th Pay Commission.
To issue a writ, order or direction in the nature of mandamus commanding the respondents to pay difference and arrears of salary due till the date of retirement on 07.06.2017 in accordance with recommendation of 7th Pay Commission.
To issue a writ, order or direction in the nature of mandamus commanding the respondents to pay difference and arrears of Pension due till date in accordance with recommendation of 7th Pay Commission.
To issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."
The petitioner has made a representation in regard to the aforesaid claims on 06.07.2020. The said representation has not been decided till date.
The only prayer made by Sri Rohit Pandey, learned counsel for the petitioner is that the representation of the petitioner may be decided within a stipulated period of time.
Learned Standing Counsel as well as Sri Shashi Prakash Rai, learned counsel for the respondent No.4 submit that the respondents authorities have to decide the claim of the petitioner within a reasonable time frame.
No useful purpose would be served by keeping this writ petition pending.
The matter is remitted to the respondent No.2-Director (Higher Education), Education Degree Pension Anubhag, Directorate of Higher Education, U.P. Prayagraj.
A writ in the nature of mandamus is issued commanding the respondent No.2-Director (Higher Education), Education Degree Pension Anubhag, Directorate of Higher Education, U.P. Prayagraj to execute the following directions:
I. The respondent No.2-Director (Higher Education), Education Degree Pension Anubhag, Directorate of Higher Education, U.P. Prayagraj shall decide the representation of the petitioner dated 06.07.2020 in regard to the claims stated in the relief clause of this writ petition and extracted in the earlier part of the judgement, by a reasoned order within a period of four months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with a fresh copy of representation.
The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that this Court has not entered into the merits of the case. It is for the respondents authorities to decide the claim of the petitioner upon independent application of mind and in accordance with law.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 22.1.2021 Ashish Tripathi