Court No. - 7
Case :- WRIT - A No. - 23048 of 2018 Petitioner :- Rekha Singh Respondent :- Union Of India, Ministry Of Human Resource Development, Department Of Higher Education And 5 Others Counsel for Petitioner :- Yogesh Agarwal Counsel for Respondent :- A.S.G.I.,Neeraj Tripathi,Rijwan Ali Akhtar Hon'ble Saumitra Dayal Singh,J.
1. Sri Chandan Sharma, Advocate has filed his appearance slip on behalf of the respondent nos. 2 to 5 today, which is taken on record.
2. Heard Yogesh Agarwal, learned counsel for the petitioner; Sri Chandan Sharma, learned counsel for the respondent nos. 2 to 5; Sri R.A. Akhtar, learned counsel for the respondent no.6 and learned Addl. Solicitor General of India for the respondent no.1.
3. Petitioner claims to have retired on 31.08.2017 from the institute of Correspondence Courses and Continuing Education (ICC & CE) of Allahabad University. Grievance of the petitioner is of non-payment of his post retiral dues. In this regard, the petitioner further appears to have made a representation to the Registrar, Allahabad University, Allahabad on 05.07.2018 (Annexurre-9 to the writ petition). It is further submitted that despite such fact, no action has been taken by the University and the petitioner is being illegally deprived payment of his retiral dues.
4. Learned counsel for the University submits that the claim made by the petitioner is disputed by the University since the petitioner lacks entitlement of pension etc.
4. Since the aforesaid claim involves factual aspect, no useful purpose would be served in keeping this writ petition pending or calling for counter affidavit. Hence, the same is disposed of with the following observations and directions:
(i) since the petitioner has already filed a representation on 05.07.2018, he may also file a certified copy of this order before the respondent no.3 -Registrar, Allahabad University, Allahabad within a period of two weeks from today;
(ii) in the event the said respondent is of prima facie view that the representation deserves to be rejected, he may issue a prior show cause notice to the petitioner specifying the points on which the petitioner's representation is proposed to be rejected within two weeks therefrom;
(iii) the petitioner shall be at liberty to file his final reply to such notice, if issued, within two weeks and no more from the date of receipt of that notice;
(iv) the respondent no.3 may proceed to hear and decide the same strictly, in accordance with law and pass a reasoned and speaking order within a period of one month from the date of filing of last reply by the petitioner, if any;
Order Date :- 27.10.2018 Lbm/-