Court No. - 36
Case :- WRIT - A No. - 20934 of 2019 Petitioner :- Ram Swarat Rao Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kashif Gilani Counsel for Respondent :- C.S.C.,Ashish Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Kashif Gilani, learned counsel for the petitioner; Sri B.B.Pandey, learned Chief Standing Counsel for the State respondent no. 1 and Ms. Pooja Agarwal, learned counsel for the respondent no. 2.
The petitioner is before this Court with a request to issue a mandamus directing the respondents to pay the provisional pension to the petitioner fixing his last pay scale along with arrears for which he is entitled.
Learned counsel for the petitioner states that on account of criminal as well as departmental proceeding, full pension and gratuity could not be ensured to the petitioner but at the same time, provisional pension had to be accorded as per last pay drawn whereas the petitioner is being paid minimum amount towards pension. The petitioner has already made a representation regarding his grievance, once the same has not been attended by the authority, such situation, impels the petitioner to approach this Court.
Learned Chief Standing Counsel as well as Ms. Pooja Agarwal fairly states that in case any appropriate representation is moved by the petitioner before the second respondent, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally asking the petitioner to move a fresh representation ventilating his grievances within 15 days from today before the second respondent, in case such a representation is moved, definitely the same shall be looked into, examined and remedied strictly, in accordance with law as expeditiously as possible and preferably within two weeks thereafter.
Order Date :- 19.12.2019 A.K.Srivastava