Court No. - 34
Case :- WRIT - A No. - 61450 of 2015 Petitioner :- Girindra Nath Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Misra Counsel for Respondent :- C.S.C.,Rajendra Kumar Srivastava,Shakti Swarup Nigam
Hon'ble Sudhir Agarwal,J. Hon'ble Neeraj Tiwari,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel and Sri Alok Srivastava holding brief of Sri S.S. Nigam, advocate is present for respondents. In the circumstances, we ourselves have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
"1. to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 19.11.2013, passed by the respondent No. 4 rejecting the claim of the D.A. as well as the benefit of 6th pay commission which contained as Annexure No. 1.
2. to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 19.09.2011, passed by respondent No. 4 to the extent it provides payment of actual benefit of revised pay scale of 6th pay commission.
3. to issue a writ order or direction in the nature of mandamus commanding the respondent No. 4 to allow the revised pay scale of 6th pay commission to petitioner, in compliance of G.O. Dated 16.10.2009, followed by Board of Directors Resolution dated 26.11.2009, calculating his revised salary notionally w.e.f. 01.04.2006, and GoUP norms for VRS, till his consequential benefits as has been paid to other colleagues of petitioner, who opted services of purchaser situated of Unit in same VRS and also paid to other similarly situated employees, w.e.f. 16.09.2011 in compliance of order dated 19.09.2011, either retired under recirculation of earlier VRS dated 25.07.2008 or still working.
4. to issue a writ order or direction in the nature of certiorari quashing the order dated 29.09.2010 and 19.04.2011, passed by respondent no. 4 to the extent they illegally deny the payment of D.A. to the petitioner as mentioned in paragraph 5 of the orders.
5. issue a writ order or direction in the nature of mandamus commanding the respondent no. 4 to allow and pay the arrears of enhanced rate of D.A. @ 129% w.e.f. 01.01.2010 and 145% w.e.f. 01.07.2010 to 30.08.2010 to petitioner, during which he has worked in the Corporation, and to recalculate and fix the amount of retiral benefits/ VRS compensation etc., after taking into account above enhanced D.A. and pay difference to the petitioner in compliance of the order dated 29.09.2010 and 19.04.2011.
6. to issue a writ order or direction in the nature of mandamus commanding the respondent no. 4 to pay the interest @ 18% p.a. + penal interest @ 6% p.a. on all the dues for delayed payment from the due date till its actual payment to petitioner."
3. We ourselves have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 30.4.2018 Arvind