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Nand Ram Rastogi vs Akhilesh Tiwari,District ...

High Court Of Judicature at Allahabad|30 August, 2019

JUDGMENT / ORDER

1. The petitioner's Writ Petition No.24783 (S/S) of 2018 was finally disposed of by the writ-Court vide judgment and order dated 01.05.2019 as under:-
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Learned counsel for the petitioner has submitted that he retired from service on 30.9.2015 but till date he has not been paid his retiral benefits. He has further submitted that he was being paid provisional pension but the authority concerned has stopped making payment of provisional pension w.e.f. May, 2018 for no cogent reasons.
Learned counsel for the petitioner has submitted that ends of justice would suffice if representation dated 10.7.2018, Annexure no. 3, preferred to respondent no. 3 is disposed of with speaking and reasoned order.
With the consent of parties the writ petition is disposed of finally at the admission stage.
Without entering into the merits of the issue, the opposite party no. 3 i.e. District Magistrate, Sitapur is directed to dispose of the representation of the petitioner dated 10.7.2018 which is contained in Annexure no. 3 to the writ petition with speaking and reasoned order, strictly in accordance with law following the relevant Government Orders expeditiously, say within a period of two months from the date of production of the certified copy of this order.
The competent authority shall communicate the decision on the representation to the petitioner forthwith.
Writ petition is finally disposed of."
2. Pursuant to issuance of contempt notice, an affidavit of compliance of Mr. Akhilesh Tiwari, District Magistrate, Sitapur has been tendered today in the Court by Mr. Mayanker Singh, learned Standing Counsel, which is taken on record.
Along with the aforesaid compliance affidavit, copy of order dated 27.08.2019 has been placed on record, which is an order regarding grant of second and third A.C.Ps. to the petitioner on completion of 16 and 26 years of service.
3. In view of the aforesaid decision, nothing survives in this contempt petition, which is disposed of as having been rendered infructuous. However, the petitioner should be paid the difference/arrears of salary in respect of granting him the second and third A.C.Ps. vide order dated 27th August, 2019 within a period of two months from today.
4. In case the said payment is not made, it would be open to the petitioner to get the present contempt petition revived by moving a proper application.
Contempt notice stands discharged.
[Dinesh Kumar Singh,J.] Order Date :- 30.8.2019 MVS/-
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Title

Nand Ram Rastogi vs Akhilesh Tiwari,District ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 August, 2019
Judges
  • Dinesh Kumar Singh