Court No. - 36
Case :- WRIT - A No. - 12610 of 2021 Petitioner :- Kesav Prasad Dwivedi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned standing counsel for State- respondents.
Present petition has been filed with following relief;
"ii) a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide the representation of the petitioner dated 18.11.2020 within stipulated period as fixed by this Hon'ble Court (Annexure no. 7 to the writ petition)."
Learned counsel for the petitioner submits that petitioner has made representation dated 18.11.2020 before respondent no. 2, but till date, neither arrears of salary has been paid nor representation has been decided.
Learned Standing Counsel submitted that representation of the petitioner shall be considered and decided by the respondent no. 2 at the earliest.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 2 to consider the representation of the petitioner dated 18.11.2020 and decide the same strictly in accordance with law maximum within a period of six weeks from the date of production of computer generated copy of the order. Petitioner is also given liberty to file fresh representation along with computer generated copy of this order as well as relevant document, if so desired. In case, fresh representation is filed, the same shall also be decided within the aforesaid prescribed time.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 2 to decide the representation of the petitioner after considering the Act, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 23.9.2021 Arvind