Court No. - 16
Case :- WRIT - A No. - 25116 of 2018 Petitioner :- Santosh Kumar And 4 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashok Kumar Rai,Chandra Sekhar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
The learned Standing Counsel has raised an objection as to the maintainability of the writ petition on behalf of 05 writ petitioners. All 05 writ petitioners have separate causes of action against the Nagar Nigam, Varanasi and there is no juristic relationship between them.
The learned counsel for the petitioners says that this writ petition may be entertained only for petitioner no. 1 and he may be given liberty to withdraw the present petition in respect of petitioners no. 2 to 5 and to file writ petition individually for petitioners no. 2 to 5.
The leave as prayed for is granted.
Heard the learned counsel for the petitioner no. 1 and the learned Standing Counsel appearing on behalf of respondent no. 1.
It has been submitted by the learned counsel for the petitioner that the maternal aunt of the petitioner no. 1 was working as a Safai Karmchari in Kotwali Ward in Nagar Nigam Varanasi. She died in harness on 17.03.2013. The petitioner is the legal heir and representation of late Champa Devi and his name has also been mentioned as nominee in the Service Book. After the death of his material aunty the petitioner filed an application for release of retiral benefits. No heed has been paid to it. A copy of the representation dated 21.08.2018 has been filed as Annexure-6 to the writ petition.
This writ petition is disposed of with a direction to the respondent no. 2 (Municipal Commissioner, Nagar Nigam, Varanasi) to look into the grievance of the petitioner as made in his representation dated 21.08.2018 and pass reasoned and speaking order thereon within a period of three month from the date a certified copy of this order is filed before him.
Order Date :- 29.11.2018 VR