Court No. - 32
Case :- WRIT - C No. - 26596 of 2020 Petitioner :- Munna Lal Respondent :- Deputy Labour Commissioner And 3 Others Counsel for Petitioner :- Jamal Ahmad Khan Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the contesting respondents.
By means of present writ petition, petitioner has sought following relief(s):
"(i) to issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to recover the amount from respondent no.4 in pursuance to the impugned recovery notice dated 05.12.2019 (Annexure No.1) passed by the respondent no.1.
(ii) to issue order or direction in the nature of mandamus commanding the respondent no. to reinstate the petitioner in service and make the regular payment as directed by the respondent no.3.
(iii) to issue any such other and further suitable writ, order or direction in this Hon'ble Court may deem and proper under the circumstances of the case.
(iv) to award the cost of the petition to the petitioner.
Claim of the petitioner is centred for recovery of the amount from respondents in pursuance to the recovery certificate issued by the respondent no.1 dated 05.12.2019 and submission has been made that the respondent concerned i.e. respondent no.2 may be directed to recover the amount in question from respondent no.4. The certificate was issued on 5.12.2019, however no action has been taken till date.
Learned standing counsel may look into the matter.
However, it is directed to respondent no.2 (District Magistrate/Collector, Agra) that in case any worthy and sustainable certificate of recovery have been issued, then the same should be give true colour in practical form and it should not be unnecessarily delay as more than one year period has already elapsed.
A copy of this order is produced before the respondent no.2 (District Magistrate/Collector, Agra) within a period of fifteen days from today and the same shall be disposed of by reasoned and speaking order preferably within a period of six weeks next after presentation of certified copy of this order.
However, it will be open for the petitioner to move appropriate application for seeking further relief of reinstatement, which shall be only considered after all the details are available before this Court and counsel for respondent.4 i.e. State shall also seek instruction in that regard.
With the aforesaid direction, this petition is disposed of.
Order Date :- 8.1.2021 S Rawat