Court No. - 5
Case :- WRIT - A No. - 7647 of 2021 Petitioner :- Sangam Lal Mishra And 2 Others Respondent :- The State Of U P And 3 Others Counsel for Petitioner :- Vipul Dube,Hanuman Prasad Dube Counsel for Respondent :- C.S.C.,Lal Mani Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for the State- respondent no.1 and Sri Lal Mani Singh, learned counsel appearing for respondents no.2 to 4.
The petitioners, by means of this writ petition, have prayed for the following reliefs:
"i. To issue writ, order or direction in the nature of mandamus commanding the respondents to pay the honorarium/ remuneration to the petitioner No.1 for the period from 01.10.2017 to 31.03.2018 and 01.02.2018 to 30.09.2018 and tothe petitioner no.2 for the period from 01.10.2017 to 31.03.2018 and to the petitioner no.3 for the period from 01.10.2017 to 30.09.2018 carrying interest at the market rate or at the rate fixed by this Hon'ble Court at an early date."
The petitioners claim that they have retired from service though have been re-engaged on honorarium basis. The petitioner no.1 had worked from 1.10.2017 to 31.3.2018 and 1.4.2018 to 30.9.2018. The petitioner no.2 had worked from 1.10.2017 to 31.3.2018. The petitioner no.3 had worked from 1.10.2017 to 31.3.2018 and 1.9.2018 to 30.9.2018. The petitioners have not been paid honorarium for the said period. In this respect they have submitted various representations before the authority concerned and the last copy of the joint representation dated 11.6.2021 is annexed as Annexure-9 to the writ petition.
The grievance of the petitioners is that the respondent-authority has neither considered their representations nor passed any order of payment of honorarium.
Learned Standing Counsel for the State-
respondents and Sri L.M.Singh, learned counsel appearing for respondents no.2 to 4 submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioners.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioners to file separate representations before the respondent no.2-The Purvanchal Vidyut Vitran Nigam Limited DLW, Bhikhripur, Varanasi, through its Managing Director, raising all their grievances within a period of two weeks from today. In case any such representation is filed by the petitioners along with the copy of this order downloaded from the official website of the Allahabad High Court duly certified by the learned counsel for the petitioners, the respondent no.2 shall decide the same by reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 29.7.2021 SKM