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ALLAHABAD HIGH COURT
PRAKASH PADIA
VIRENDRA KUMAR – Appellant
Versus
MANAGING DIRECTOR UTTAR PRADESH JAL NIGAM AND 2 OTHERS – Respondent
WRIA/16412/2021



Court No. - 35

Case :- WRIT - A No. - 16412 of 2021

Petitioner :- Virendra Kumar

Respondent :- Managing Director Uttar Pradesh Jal Nigam

And 2 Others

Counsel for Petitioner :- Subodh Kumar Rai

Counsel for Respondent :- Suresh Singh

Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioner. Learned Standing

Counsel has accepted notice on behalf of respondents.

The petitioner has preferred the present writ petition inter-alia

with the following prayer:-

"(i) to issue a writ, order or writ of mandamus commanding and directing

the Respondent no.-1/ Managing Director, Uttar Pradesh Jal Nigam

(Urban), Lucknow to release the Pension and other retiral benefits i.e.

Gratuity, Leave encashment and Arrears of D.A. with interest accrued

thereon, and further may direct the respondents to pay the interest of three

months on the late payment of G.P.F. within a stipulated period as fixed by

the Hon'ble Court."

Learned counsel for the petitioner placed reliance upon order

dated 27.10.2021 passed in Writ A No.13755 of 2021 (Juher Vs.

State of U.P. and 3 others). The order order 27.10.2021 is

reproduced hereinbelow :-

"Heard learned counsel for the petitioner and Sri Suresh Singh, learned

counsel for respondent nos. 2 to 4.

The petitioner was the employee of Uttar Pradesh Jal Nigam and has

retired on 31.03.2020. The grievance of the petitioner is that he has not

been paid the retiral dues.

Learned Standing Counsel contends that no useful purpose would be

served in keeping the matter pending and appropriate direction be issued

to respondent No.2 to consider the grievance of the petitioner.

Considering the facts and circumstances of the case, without going into

the merits of the case and with the consent of the parties, the writ petition

is disposed of with a direction to the petitioner to file a fresh

representation before the respondent no.2-Managing Director (Urban)

U.P. Jal Nigam, Lucknow raising all his grievances within a period of

three weeks from today. In case any such representation is filed by the

petitioner, the respondent no.2 shall consider and decide the same by

reasoned and speaking order within a period of four months thereafter.

With the aforesaid observations, the writ petition is disposed of."

Heard learned counsel for the parties.

Since the controversy involved in the present writ petition is

identical to the aforesaid writ petition, present petition is being

disposed of in same terms.

Considering the facts and circumstances of the case, without

going into the merits of the case and with the consent of the

parties, the writ petition is disposed of with a direction to the

petitioner to file a fresh representation before the respondent

no.2-Managing Director (Urban) U.P. Jal Nigam, Lucknow

raising all his grievances within a period of three weeks from

today. In case any such representation is filed by the petitioner,

the respondent no.2 shall consider and decide the same by

reasoned and speaking order within a period of four months

thereafter.

Order Date :- 22.11.2021

Pramod Tripathi

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