Court No. - 3
Case :- WRIT - A No. - 19859 of 2018 Petitioner :- Rama Shankar Pathak And 4 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kapoor Chandra Vishwakarma Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondents.
The case of the petitioners is that they were entitled to absorption, retiral benefits as well as 40% back-wages. The petitioners are retrenched employees of the U.P. State Cement Corporation Ltd. The Corporation was wound up in 1991. The petitioners have found their claim under the provisions of the Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporation in Government Service Rules, 1991 and also placed reliance upon judgment of Apex Court in Civil Appeal No. 9165-9172 of 2010 decided on 09.09.2015. For redressal of their grievances, the petitioners have also filed a representation dated 06.01.2016 before respondent No. 2, The Principal Secretary, Industrial Development Department, U.P., Lucknow but the same has not been decided till date.
Learned counsel for the petitioner has lastly prayed that a suitable direction may be issued to respondent No. 2 to decide the representation of the petitioner in a time bound manner.
Learned Standing Counsel appearing on behalf of respondents has informed that petitioners are not entitled for relief claimed by them but so for as the decision on the representation is concerned, he has no objection.
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 respondent No.2, The Principal Secretary, Industrial Development Department, U.P., Lucknow to decide the representation of petitioner strictly in accordance with law expeditiously, preferably within a period of two months from the date of production of certified copy of this order.
Petitioner is at liberty to file a fresh representation along with certified copy of this order.
Order Date :- 18.9.2018 Sartaj