Court No. - 2
Case :- WRIT - A No. - 6715 of 2019 Petitioner :- Surendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Rao Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner came to be appointed as Munshi in Gandak Canal Project on 28 June 1982. On abolition of the project, petitioner was absorbed and appointed on the post of Gram Panchayat Adhikari. Petitioner retired on 30 June 2017 on attaining the age of superannuation.
It is urged that petitioner has put in 33 years of service, therefore, is entitled to full gratuity.
By the instant writ petition, petitioner seeks following relief:
"to issue a writ order or direction in the nature of mandamus to direct the respondent no.3-Additional Director Treasury and Pension, Azamgarh Division, Azamgarh provide the remaining gratuity of 2 months 15 days to petitioner which has been wrongly withheld by the respondent no.3 and also decide the representation dated 17.11.2018, which is according to law."
Learned Standing Counsel submits that the third respondent- Additional Director Pension/Treasury Azamgarh Division, Azamgarh, shall pass appropriate order, in accordance with law.
In view thereof, on consent, the petition is disposed of directing the third respondent-Additional Director Pension/Treasury Azamgarh Division, Azamgarh to consider and decide the representation of the petitioner by reasoned and speaking order, expeditiously, preferably within a period of two months from the date of filing of certified copy of this order alongwith copy of the writ petition.
It is clarified that the Court has not considered the claim of the petitioner on merits.
Order Date :- 30.4.2019 Atul