Court No. - 34
Case :- WRIT - A No. - 41684 of 2003 Petitioner :- Videshi Respondent :- Mukhya Nagar Ayukt Nagar Nigam And Others Counsel for Petitioner :- Vishwa Ratna Dwivedi Counsel for Respondent :- H.M.B. Sinha,A.C. Tewari,S.C.
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
"(i) to issue writ, order or direction in the nature of mandamus commanding the respondents to pay all the retiral benefits including pension, gratuity etc. to the petitioner within specific time under the guidelines of the G. O. dated 06.12.1994 and letter dated 28.09.1999 marked as Annexures.5 and 6 to this writ petition.
(ii) to issue writ, order or direction in the nature of mandamus commanding the respondents to pay entire amount which is about Rs.1,18,794/- only (including Gratuity, Provident Fund, Leave Encashment etc.) and including 18 % panel interest on the amount.
(iii) to issue writ, order or direction in the nature of mandamus directing the respondent nos.1 and 2 to make necessary payments with regard to the payment of the post retiral benefits or to show cause why this payment of the post retiral benefits is not made to the petitioner within specified time as it is, the bonafide right of the petitioner."
3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 26.10.2018
Manish Himwan