Court No. - 39
Case :- WRIT - A No. - 17917 of 2018 Petitioner :- Zakir Husain Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinay Kumar Khare Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri Vinay Kumar Khare, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
This writ petition has been filed with the following prayer:
"(i) issue a writ, order or direction, in the nature of mandamus direction to the respondents to pay the petitioner's rightful claims on the basis of revised pay scale sanctioned by order dated 23.03.2017 and accordingly pay the Arrears of Salary from 01.01.2016 to 31.05.2016, leave encashment on the basis of revised arrears of salary from 01.01.2016 up to 300 days, revised pension on the basis of revised pay scale from 01.01.2016, gratuity on the basis of revised pay scale and payment of the 40% of the pension (realized) on the basis of revised pension.
(ii) issue a writ, order or direction, in the nature of mandamus directing the respondent no.2 to decide the representation dated 15.02.2018 and 26.06.2018 (Ann.
No.4 and 5)."
The contention of the petitioner is that despite an order being passed by the Competent Authority on 23.03.2017 his dues with regard to arrears of salary, leave encashment on the basis of revised arrears of salary, revised pension, gratuity etc. are not being paid. In this regard, the petitioner is stated to have preferred a representation/application dated 15.02.2018 followed by another representation/application dated 26.06.2018 but nothing has been done so far.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction that if the petitioner prefers a fresh representation before the respondent no.2, Director General of Police (U.P. Fire Service), U.P. Fire Services Head Quarter, Lucknow raising all his grievances as raised in the present writ petition within a period of 15 days from today alongwith the certified copy of this order, the respondent no.2 shall consider and decide the same in accordance with law within a further period of two months.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 23.8.2018 N Tiwari