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Neutral Citation No. - 2025:AHC:88370 Court No. - 5 Case :- WRIT - A No. - 18243 of 2024 Petitioner :- Sanjay Lal Cashier Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Jitendra Singh,Sonam Singh Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. Civil Misc. Delay Condonation Application Heard Sri Yuvraj Singh, learned counsel holding brief of Sri Jitendra Singh, learned counsel for the applicant/petitioner and Sri P.K. Sahi, learned Additional Chief Standing Counsel for the State- respondents. This is an application seeking condonation of delay in filing recall/restoration application. The delay condonation application is supported by an affidavit. There is no credible opposition to the delay condonation application in the record. Cause shown for the delay in filing the recall/restoration application as asserted in the affidavit is sufficient. Delay in filing the recall/restoration application is
hereby condoned. The delay condonation application is allowed. Civil Misc. Recall/Restoration Application Heard Sri Yuvraj Singh, learned counsel holding brief of Sri Jitendra Singh, learned counsel for the applicant/petitioner and Sri P.K. Sahi, learned Additional Chief Standing Counsel for the State- respondents. This is an application to recall the order dated 27.11.2024 whereby this petition was dismissed for want of prosecution. It is supported with an affidavit. The reasons given in the recall/restoration application for non appearance of learned counsel for the petitioner on 27.11.2024 are sufficient. The recall/restoration application is allowed. The order dated 27.11.2024 dismissing the writ petition for want of prosecution is recalled. The instant writ petition be restored to its original number and status.
Order in Writ Petition The petitioner's superannuated from service on
31.01.2024. He claims that retiral dues and other entitlements have not been released till date. He has made a representation in this regard but to no avail. The only prayer made by Sri Yuvraj Singh,
learned counsel holding brief of Sri Jitendra Singh, learned counsel for the petitioner is that the representation of the petitioner may be decided within a stipulated period of time. Sri P.K. Sahi, learned Additional Chief Standing Counsel for the State-respondents submits that the matter requires determination of facts by the competent authority in light of applicable provisions of law in the first instance. However, he fairly contends that the service benefit/claim is liable to be decided by the competent authority in a reasonable time frame. In wake of the aforesaid submissions and without going into the merits of the case, the respondent no.5 is directed to decide the representation of the petitioner regarding grant of retiral dues and other entitlements in accordance with law within a period of three months from the date of receipt of a certified copy of this order along with a
fresh copy of the representation. In case the representation is not decided within the aforesaid period of time, it shall be open to the petitioner to file a fresh writ petition. The writ petition is finally disposed of.
Order Date :- 23.5.2025 I.A.Siddiqui Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad