Court No. - 58
Case :- WRIT - A No. - 1391 of 2019 Petitioner :- Shyam Charan Shahu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R. P. Singh Parihar,Shubhank Chaurasia Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
It is alleged that petitioner was Chief Assistant working in Nalkoop Khand Hamirpur and has attained the age of superannuation on 31st July, 2016. Grievance of the petitioner is that none of his retiral benefits such as gratuity, pension etc. has been paid to him, so far. Reliance is placed upon a Government Order dated 30th September, 2009, as per which the retiral benefits ought to be paid to an employee within a period of three months from the date of his superannuation. It is also stated that there is, in such circumstances, no justification to deny the retiral benefits to petitioner. Various representations made in that regard has also not been considered and as such petitioner is before this Court.
Learned Standing Counsel submits that such grievance of petitioner shall be examined, in accordance with law.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to examine the grievance of petitioner, as noticed above, in accordance with law, by passing an appropriate order, within a period of two months from the date of presentation of certified copy of this order. The authority concerned shall ensure that retiral benefits of petitioner are not withheld without any justifiable cause and an order in that regard would be passed, as indicated above.
Order Date :- 28.1.2019 Anil