Court No. - 37
Case :- WRIT - A No. - 7904 of 2021 Petitioner :- Panaru Singh Yadav Respondent :- Managing Director, U.P. Jal Nigam And 3 Others Counsel for Petitioner :- Ashutosh Kumar Rai Counsel for Respondent :- Pranjal Mehrotra
Hon'ble Alok Mathur,J.
1. Head Sri Ashutosh Kumar Rai, learned counsel for the petitioner as well as Sri M.C. Chaturvedi, learned Additional Advocate General for the State of U.P.
2. The present case is one of the matter of the bunch of cases pertaining to non payment of post retiral dues to the employees of U.P. Jal Nigam, has been taken up today.
3. An affidavit on behalf of State of U.P. has been filed purportedly in pursuance to the earlier order of this Court dated 29.11.2021 (passed on the leading file i.e. Writ-A No. 3082 of 2021), same is taken on record.
4. In the affidavit filed on behalf of the State it is stated that in the year 2021 total amount of Rs.915.95 crores has been received by the erstwhile U.P. Jal Nigam as centage, maintenance (upkeep), pension recoupment and under loan head. It is submitted that an amount of Rs.82.00 crores has been received by the U.P. Jal Nigam (Urban) and also Rs.82.00 crores by the U.P. Jal Nigam (Rural), towards the payment of post retiral dues such as payment of gratuity, leave encashment and other arrears of about more than 500 pensioners which were due are in process for being paid from the aforesaid amount.
5. Alongwith the aforesaid affidavit, minutes of a meeting in which Chief Accounts Officer (Urban), Finance Director (Urban) and Financial Advisor (Urban) have been annexed wherein it has been stated that further amount of Rs.528.69 crores more is required for payment of arrears of pensioners.
6. Learned Additional Advocate General submits that due deliberations are going on and process shall be formulated wherein the outstanding amount towards Jal Nigam shall be paid by the other respondent departments expeditiously.
7. On the oral prayer made by learned counsel for the petitioner, he is permitted to make necessary incorporation in the memo of writ petition with regard to addition of the Managing Director, U.P. Jal Nigam (Rural) as respondent in the array of parties, during course of the day.
8. It is submitted by learned counsel for the petitioner that his pension and gratuity have been sanctioned while payment regarding leave encashment and arrears of pension from August, 2020 till date have been paid. It is further submitted that differences of DA, GIS and arrears of DA have not been paid to the petitioner and for that purpose it is submitted that he has represented on 04.04.2021 before the Managing Director U.P. Jal Nigam (Rural).
9. It is further submitted by learned counsel for the petitioner that petitioner's grievance shall be substantially redressed in case respondents are directed to consider and decide the representation of the petitioner with regard to non payment of differences of DA, GIS and arrears of DA.
10. Learned counsel for the respondents do not object in case suitable directions are issued to the respondents to consider and decide petitioner's representation.
11. In view of above, present writ petition is disposed of with liberty to the petitioner to move a fresh representation alongwith a copy of this order with regard to heis grievance within three weeks from today. In case any such representation is moved, the Managing Director, U.P. Jal Nigam (Rural) is directed to consider and decide the representation expeditiously, say within a period of three months from the date of representation, in accordance with law and communicate the decision to the petitioner.
12. With above directions the writ petition stands disposed of. Order Date :- 20.12.2021 A. Verma (Alok Mathur, J.)