1. Heard learned counsel for the petitioner and Sri Abhinav Singh, Advocate holding brief of Sri Ratnesh Chandra, learned counsel for respondent - UPSRTC.
2. Grievance of the petitioner is that a government order was issued on 18.01.2013 formulating a policy to ensure payment of Ist, IInd and IIIrd A.C.P. on completion of 10, 16 and 26 years of service. The aforesaid government order was adopted by UPSRTC on 05.11.2014.
3. The petitioner while working the post of Assistant Regional Manager retired from service on 31.10.2017. He claimed benefit of IIIrd ACP as per government order as well as circular issued by the department since 2016 onwards by moving applications but no consideration whatsoever has been made by the respondents providing benefit of IIIrd ACP.
4. Submission of learned counsel for the petitioner is that under the government order, it has been provided that on completion of 26 year's service, the employees and officers of the department are entitled to get IIIrd ACP.
5. He next submitted that repeated requests have been made by the petitioner to grant IIIrd ACP to ensure payment but no action whatsoever has been taken by the respondent No.3 till date. He further submitted that due to non passing of order, there is financial loss to the petitioner for no valid justification.
6. He requested that in case direction is issued to the respondent No.2 to consider the claim of the petitioner for grant of IIIrd ACP in accordance with government order and circular issued on 05.11.2014 and to pass appropriate order in a time bound manner, ends of justice would be met.
7. On the other hand, learned counsel for the respondent does not dispute that on completion of 26 years of service, the employees and officers of the department are entitled to get IIIrd ACP. It has also not been disputed that the government order has been adopted by the department vide circular dated 05.11.2014.
8. In view of the above, he submitted that in case claim of the petitioner is comes within the zone of consideration as per government order and circular issued from time to time, his claim shall be considered within a reasonable period and appropriate order shall be passed by the respondents.
9. In view of submissions advanced by learned counsel for the parties, this court is of the opinion that no useful purpose will be served in keeping the writ petition pending.
10. Accordingly, this writ petition is finally disposed of with a liberty to the petitioner to file a fresh representation before respondent No.2 ventilating all grievances by enclosing copy of the government order and circular issued by the department within ten days from today. In case such a representation is filed, the same shall be considered and appropriate reasoned and speaking order shall be passed within a period of six weeks from the date of production of a certified copy of this order.
Order Date :- 30.7.2021 Adarsh K Singh