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