Court No. - 6
Case :- WRIT - A No. - 4389 of 2021 Petitioner :- Subhash Chandra Gupta Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.,Vrindavan Mishra
Hon'ble Pankaj Bhatia,J.
By means of the present petitioner, the petitioner has prayed for the following relief:
"(i) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to release the amount of gratuity, provident fund, insurance and other retiral dues + interest in favour of the petitioner forthwith:
(ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide the applications of the petitioner dated 24.2.2020 pending before him, expeditiously and within the stipulated period."
Learned counsel for the petitioner submits that the petitioner was superannuated on 31.7.2019 but his post retiral dues has not been paid to him. The petitioner has made several representations in this respect but in vain.
Learned counsel for the petitioner submits that the respondents be directed to decide the representation for release the payment of post retiral dues of the petitioner.
Learned Standing Counsel has no objection to the last submission of the learned counsel for the petitioner.
Be that as it may, the writ petition is disposed of with direction to the petitioner to make a fresh representation annexing all the documents as well as a copy of this order within a week from today and the competent authority is directed to consider and decide the representation of the petitioner by reasoned and speaking order within a period of one month from the date of production of a copy of this order along with fresh representation.
It is further directed that in case petitioned is found entitled for payment of post retiral dues then same shall be paid to him forthwith along with interest on delayed payment at the rate of 6.5% per annum.
This order has been passed in the presence of Shri S.K. Pandey, holding brief of Shri Vrindavan Mishra, counsel for the respondents.
Order Date :- 19.8.2021 S. Rahman