Court No. - 34
Case :- WRIT - A No. - 46887 of 2004 Petitioner :- Hari Prasad Respondent :- State Of U.P. & Others Counsel for Petitioner :- R.S. Mishra Counsel for Respondent :- C.S.C.,A.C. Tiwari,Saheb Tiwari
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of petitioner.
2. By means of the present writ petition, petitioner has sought the following reliefs:
“(i) a writ, order or direction in the nature of mandamus directing the Respondents to pay the amount of Gratuity, Provident Fund, Leave Enchashment, amount of Insurance, arrears of revised pay scale to the petitioner left by his wife deceased Smt. Shakuntala Devi.
(ii) A writ, order or direction in the nature of mandamus directing the Respondents to pay 18 % interest for causing the delay in payment of the amount left by the deceased wife to the petitioner in Nagar Nigam Kanpur Nagar. “
3. However, I 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 that 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 :- 21.12.2018 AK