Court No. - 30
Case :- WRIT - A No. - 6688 of 2018 Petitioner :- Ram Avtar And Another Respondent :- State Of U.P. Through Principal Secretary Basic Education, U.P. Lucknow And 3 Others Counsel for Petitioner :- Brijendra Deo Mishra Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, Shri Amit Shukla, learned counsel for respondent Nos. 2 to 3, and learned Standing Counsel for respondent No. 1.
Present petition has been filed seeking a writ of mandamus directing to District Basic Shiksha Adhikar, Pilibhit to pay the retirement benefit with 12% interest to the petitioners from 31.3.2017. Further prayer has been made to issue a writ of mandamus directing the District Basic Shiksha Adhikari, Pilibhit to decide the representation dated 12.12.2017 within the stipulated period.
Learned Standing Counsel appearing for the respondents states that the grievance of the petitioner can first be looked into by the respondent No. 3. For this purpose, the petitioner may file a fresh representation before the said respondent.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with liberty to the petitioner to file a fresh representation before respondent No. 3 alongwith certified copy of this order, which shall be considered and decided by the respondent No. 3, on its own merit, preferably within a period of two months from the date of filing of such representation.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 26.2.2018 Ravi Prakash