Court No. - 3
Case :- WRIT - A No. - 19377 of 2018 Petitioner :- Punit Kumar Singh Respondent :- Deputy Project Manager, Bridge Construction Unit, Azamgarh And 3 Others Counsel for Petitioner :- Virendra Singh,Hari Om Gupta Counsel for Respondent :- Mukesh Kumar Kushwaha,C.S.C.
Hon'ble Neeraj Tiwari,J.
Vide earlier order of this Court dated 12.09.2018, following order has been passed:-
"Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 4 and Sri M.K. Kushwaha, learned counsel for respondent nos. 1 to 3.
The present petition has been filed for seeking compassionate appointment after death of his mother and further for payment of post death benefits i.e. EPF, GIS, Gratuity, EDLI and pension.
Sri M.K. Kushwaha, learned counsel for respondent nos. 1 to 3 stated that in light of judgement of this Court in the case of Pavan Kumar Yadav Vs. State of U.P.; 2010 (8) ADJ 664 (FB), the petitioner is not entitled for compassionate appointment but so far as other dues are concerned, he could not give the satisfactory reasons.
M.K. Kushwaha, learned counsel for respondent nos. 1 to 3 prays for and is granted one week time to seek instructions as to why the dues as claimed by the petitioner has not been paid.
Put up as fresh on 19.09.2018."
Pursuant to the aforesaid order of this Court dated 12.09.2018, Sri M.K. Kushwaha, learned counsel for the respondents has produced letter dated 09.03.2016, by which petitioner was directed to furnish certain documents so that post retiral benefits and appointment may be provided to him. He has further submitted that till date, petitioner has not submitted reply as well as documents as directed by letter dated 09.03.2016.
Sri M.K. Kushwaha has further informed that respondent No. 5, Manager, Personal-III, State Bridge Corporation Ltd. Lucknow is the final authority to take decision in the matter of Class-IV Employees and petitioner may be directed to submit his representation before the respondent No. 5 and he shall consider and decide the same in accordance with law.
Learned counsel for the petitioner is permitted to implead Manager, Personal-III, State Bridge Corporation Ltd. Lucknow as respondent No. 5 during the course of the day.
Sri M.K. Kushwaha, Advocate has accepted notice on behalf of respondent No. 5.
In view of the facts and circumstances of the case, with the consent of parties, without adverting on the merits of the case, the writ petition is disposed of directing the petitioner to submit his reply pursuant to letter dated 09.03.2016 before respondent No. 1, Deputy Project Manager, Bridge Construction Unit, Azamgarh within a week from the date of production of certified copy of this order and respondent No.1, is directed to transmit the same along with his comments/recommendation to newly impleaded respondent No. 5, Manager, Personal-III, State Bridge Corporation Ltd. Lucknow within two weeks from receiving the reply of petitioner. Respondent No. 5 is directed to consider the reply and pass a reasoned order within two months thereafter.
Petitioner is at liberty to file fresh representation along with certified copy of this order.
Order Date :- 19.9.2018 Sartaj