Court No. - 5
Case :- WRIT - A No. - 7903 of 2021 Petitioner :- Shri Prakash And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Gulab Chandra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State- respondents.
The petitioners are the son and daughter of Late Shri Chand Gurga Lal, who had retired from the post of Assistant Teacher on 30.6.2008 and unfortunately died on 20.1.2018. The retiral dues of the father of the petitioners have not been paid to the petitioners. Accordingly, the petitioners moved this Court by means of the present writ praying for a writ of mandamus directing the respondents to release retiral dues of the father of the petitioners.
This Court on 2.8.2021 directed the learned Standing Counsel to seek instruction in the matter and on instruction, which is taken on record, states that all the reitral dues as well as current pension has been released to the petitioners except leave encashment and arrears of salary for the period 28.7.1994 to 9.10.1994.
Learned Standing Counsel appearing for the State- authorities submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to the respondent no.3 to release the dues of the petitioners.
Considering the facts and circumstance of the case and without going into the merits of the case and with the consent of the learned counsel for the parties, the writ petition is disposed of with the direction to Regional Joint Director of Education (7th Region) Gorakhpur-respondent no.3 to release leave encashment and arrears of salary for the period 28.7.1994 to 9.10.1994 within a period of three months from today. If for any reason, respondent no.3 finds that nothing is payable to the petitioners, such as, leave encashment and arrears of salary for the said period, he shall pass appropriate order within the aforesaid period after giving due notice and opportunity of hearing to the petitioners.
With the aforesaid observations/directions, the writ petition stands finally disposed of.
Order Date :- 24.8.2021 SKM