Court No. - 33
Case :- WRIT - A No. - 10772 of 2020 Petitioner :- Zahid Ali Khan Respondent :- State Of U P And 4 Others Counsel for Petitioner :- J.P. Singh,Ashok Khare Sr. Advocate,Rafat Raza Khan Counsel for Respondent :- C.S.C.,Saurabh Tiwari
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is permitted to implead Director, Local Fund Account Examination Department, U.P. Prayagraj as respondent no.6 in the array of parties. Notice on behalf of newly impleaded respondent is accepted by learned Standing Counsel.
Petitioner claims to have been appointed initially in 1980 in the respondent Nagar Palika Parishad, Sambhal. While in the employment petitioner was sent on deputation to State Urban Development Agency on 16.7.1996. Petitioner continued on deputation and later applied for absorption but his claim was rejected. A writ petition was filed before the Lucknow Bench of this Court, being Writ Petition No.5708 of 2014, which came to be rejected on 1.12.2015 and a review filed has also been rejected. Petitioner has subsequently attained the age of superannuation. A claim was raised for release of retiral benefits, which stands rejected by the order impugned of the Nagar Palika Parishad, according to which petitioner since has resigned on 22.2.2016, therefore, he is not entitled to any benefit.
Sri Ashok Khare, learned Senior Counsel for the petitioner states that resignation submitted by petitioner on 22.2.2016 was conditional and as petitioner's request for absorption in State Urban Development Agency has already been rejected, therefore, petitioner's lien on the post held by him in Nagar Palika Parishad would stand revive, even if his conditional resignation dated 22.2.2016 is taken into consideration. It is also stated that resignation was otherwise technical in nature, which cannot be construed adverse to petitioner for the purposes of payment of retiral benefits.
While entertaining the writ petition time was granted to learned counsel for the respondent Nagar Palika Parishad to obtain instructions. Sri Saurabh Tiwari for the Nagar Palika Parishad states that all relevant facts have been duly taken note of by the Executive Officer while seeking guidance in the matter from Director, Local Fund Account Examination Department, U.P.
Prayagraj. It is stated that in light of the guidance furnished by the officer concerned an appropriate decision would be taken for release of retiral benefits.
In the facts and circumstances, as the claim of petitioner has already been recommended for necessary action/guidance at the level of respondent no.6, it would be appropriate to dispose of this writ petition, requiring the sixth respondent to examine relevant facts, as have been placed before the Court and take an appropriate decision for release of retiral benefits to petitioner, in accordance with law, within a period of three months from the date of presentation of a copy of this order. It goes without saying that petitioner's working in Nagar Palika Parishad being undisputed and the conditional resignation being technical in nature would be given due consideration, particularly as petitioner's plea for absorption in SUDA has already been rejected.
Order Date :- 6.1.2021 Anil