Court No. - 42
Case :- WRIT - A No. - 9298 of 2019 Petitioner :- Smt. Munni Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Singh,Rakesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Upendra Singh, learned counsel assisted by Sri Rakesh Kumar Pandey, counsel for the petitioner and learned Standing Counsel for the respondents.
Sri Upendra Singh, learned counsel for the petitioner submits that the petitioner superannuated from service on 31.05.2017 from the post of Junior Clerk. The terminal benefits of the petitioner including gratuity, leave encashment, arrears of VIth Pay Commission, arrears of VIIth Pay Commission, pension etc. have not been disbursed.
The petitioner has made a representation in this regard which has not been decided till date. The only prayer made by learned counsel for the petitioner is that the representation of the petitioner for grant of aforesaid benefits may be decided within a stipulated period of time.
Learned Standing Counsel in his usual fairness submits that the pension and terminal benefits are right of bounty.
The respondents authorities shall take all expeditious measures to decide the representation. The matter is remitted to respondent no. 3 who shall decide the representation of the petitioner for grant of pension and other benefits mentioned above preferably within a period of four months from the date of receipt of a certified copy of this order along with fresh copy of the representation. In case, respondent no. 3 is not the competent authority to decide such representation, the respondent no. 3 shall transmit the application to the concerned competent authority. The competent authority shall also be bound to comply this order.
The Court has not gone into the veracity of the assertions in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of.
Order Date :- 30.5.2019 Pravin