Court No. - 18
Case :- WRIT - A No. - 8696 of 2018 Petitioner :- Khajanchi Lal Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Som Veer Counsel for Respondent :- C.S.C.,Suresh Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondent nos.1 and 2 and Shri Suresh Kumar, learned counsel for the respondent no.3.
The petitioner is before this Court with request to issue direction to the second respondent, the Additional Director (Treasury and Pension), Agra Region, Agra to provide his gratuity from 11.8.1986 to 30.6.2011 (till the date of his retirement).
Learned counsel for the petitioner submits that the petitioner retired from the post of Assistant Teacher at Shri Durbeen Singh Rai Singh Uchchtar Madhyamik Vidyalay, Kasganj on 30.6.2011 but his gratuity has not been paid so far. He had earlier approached this Court by preferring Writ A No.32286 of 2017 (Khajanchi Lal vs. State of UP and 4 others), and the said writ petition was disposed of by this Court on 25.7.2017, asking the District Basic Education Officer, Kasganj to look into grievance of the petitioner and pass appropriate order. In pursuance thereof, the District Basic Education Officer, Kasganj has passed an order on 1.11.2017, wherein it has been stated that so far as payment of gratuity is concerned, the Competent Authority is the Additional Director (Treasury and Pension) Agra Region, Agra. He further submits that even though the aforesaid order was passed by the District Basic Education Officer on 1.11.2017 but the second respondent is not looking into the grievance of the petitioner. The petitioner has already filed a representation dated 18.1.2018 before the respondent no.2 for redressal of his grievance, which is still pending. He has confined his prayer only to the relief that his representation dated 18.1.2018 may be considered by the appropriate authority.
Learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of finally with a direction to the Additional Director (Treasury and Pension) Agra Region, Agra to look into the grievance of the petitioner for payment of gratuity and pass appropriate speaking order on the petitioner's representation in accordance with law within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 28.3.2018 RKP