Court No. - 36
Case :- WRIT - A No. - 17599 of 2021 Petitioner :- Vinod Kumar Misra Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Vinay Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has retired on 31.03.2021 from the post of L.T.Grade Teacher after attaining the age of superannuation from Janta Sanatan Dharm Inter College, Kuthond Jalaun. The retiral dues have not been paid by the respondent authorities. The petitioner in this respect has submitted several representations, but no heed has been paid on the same and the petitioner is running from pillar to post.
The grievance of the petitioner is that the respondents authorities be directed to pay the pensionary benefits like regular teacher under Pension Rules, 1964 with statutory interest, counting his long services about 33 years rendered in substantive capacity in a recognized aided College on short term vacancy since adhoc appointment dated 01.11.1986 made under statutory rules as allowed on 24.12.2004 in the writ petition preferred by him, following the judgement dated 04.11.2003 till superannuation dated 31.03.2021, according to identical judgements dated 30.07.2013 and 02.05.2018.
Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondents no.3-Joint Director Education Jhansi, Mandal Jhansi, along with a certified copy of this order, raising all his grievances within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same strictly, in accordance with law, by a reasoned and speaking order, preferably within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 17.12.2021 NS