Court No. - 43
Case :- WRIT - A No. - 6180 of 2019 Petitioner :- Pramod Kumar Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yatindra,Bhupendra Singh Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition, following orders were passed in the matter on 23.4.2019:-
"It is stated that petitioner was placed under suspension on 26th November, 2018 and he otherwise has attained the age of superannuation on 30th November, 2018. It is submitted that no disciplinary action has been initiated nor any approval of Governor has been obtained in terms of Article 351A of the Civil Service Regulations. Submission is that withholding of petitioner's retiral benefits, in such circumstances, is wholly arbitrary.
Learned Standing Counsel representing State authorities as well as Sri Abhishek Mishra appearing for respondent no. 4 may obtain instructions in the matter.
Post as fresh on 30.4.2019.
The name of Sri Abhishek Mishra will be shown as counsel for the respondent when the matter is listed next."
Learned counsel representing Cooperative Federation has produced a letter sent by Additional Secretary to the Assistant Registrar and Assistant Commissioner, Auraiya on 27.2.2019. This letter records that part of the claim of petitioner has been processed but in respect of remaining claim certain formalities are awaited at the level of the present petitioner. It is submitted that for such reasons, the claim of petitioner for release of retiral benefits has not been processed so far. It is also stated that a sum of Rs.63,741/- towards insurance has already been paid to him on 7th March, 2018.
Learned counsel for the petitioner states that petitioner is willing to undertake all necessary formalities that is required at his level in order to ensure that his claim for withheld retiral benefit is processed and released, expeditiously.
In that view of the matter, this writ petition stands disposed of permitting the petitioner to approach respondent no.3 in respect of his grievance, as noticed above, alongwith certified copy of this order, within two weeks from today. Petitioner shall complete necessary formalities that may be required at his level for the respondents to process the claim of petitioner. The third respondent would ensure that petitioner's claim for release of retiral benefits is processed and finalized, within a further period of three months, thereafter. A specific order in that regard would be passed by the Assistant Registrar.
Order Date :- 30.4.2019 Anil