Court No. - 34
Case :- WRIT - A No. - 7641 of 2021 Petitioner :- Raj Kishor Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar,Chandresh Kumar Chaurasiya Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
The sole prayer which is addressed on this petition reads thus:
"1. To issue a writ of mandamus to the respondent no. 2, U.P. State Construction & Infrastructure Development Corporation Limited, Vibhuti Khand, Gomti Nagar, Lucknow, to issue a direction for payment of arrears of leave encashment along with interest and arrears of employer contribution of provident fund along with interest with effect from the date arrears have accured to the petitioner till the date of actual payment, within stipulated period as fixed by this Hon'ble Court, in the interest of justice."
Bearing in mind the nature of reliefs which are sought, no useful purpose would be served in keeping this petition pending on the board of this Court and the ends of justice would merit the contesting respondents 2 and 3 being required to consider the claim of the petitioner in the first instance.
Accordingly, this petition shall stand disposed of with the following directions. It shall be open to the petitioner to file a detailed representation before the respondent No. 2 in support of his claim for arrears of leave encashment, provident fund and other dues within a period of two weeks from today. Subject to that representation being made, the second respondent shall duly examine the same and dispose it of in accordance with law. A final decision shall be communicated within a period of three months therefrom.
Order Date :- 29.7.2021 Arun K. Singh (Yashwant Varma, J.)