KM. ISHA v. STATE OF U.P. THRU. PRIN. SECY. HIGHER EDUCATION DEPTT. LKO. AND 3 OTHERS
WRIA/3419/2025 · 2025-04-01
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131042 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131042 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17906 Court No. - 3 Case :- WRIT - A No. - 3419 of 2025 Petitioner :- Km. Isha Respondent :- State Of U.P. Thru. Prin. Secy. Higher Education Deptt. Lko. And 3 Others Counsel for Petitioner :- Arvind Kumar Vishwakarma Counsel for Respondent :- C.S.C.,Shubham Tripathi Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Arvind Kumar Vishwakarma, learned counsel for the petitioner, Shri Ran Vijay Singh, learned Additional Chief Standing Counsel for opposite party No.1 and Sri Shubham Tripathi, learned counsel for opposite parties No. 2 to 4. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) Issue a writ or direction in the nature of Mandamus commanding the opposite parties to give death cum retiral dues namely as amount of provident fund, amount of leave encashment, amount of gratuity, amount of group insurance, arrears of family pension and other benefits to the petitioner including other legal heirs of the deceased employee in their equal share. (ii) Issue a writ or direction in the nature of Mandamus commanding the opposite parties to consider and decide the representation of the petitioner dated 10.03.2025, which is contained as Annexure-12 to the writ petition."
3. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 10.3.2025 (Annexure No. 12) to the competent authority but to no avail. He has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, he may be permitted to prefer a fresh representation to the opposite party No.3 i.e., Registrar, Gandhi Memorial and Associated Hospitals, King George's Medical University, Lucknow and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 4. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 5.
Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.3 i.e., Registrar, Gandhi Memorial and Associated Hospitals, King George's Medical University, Lucknow ventilating her grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of ten weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 6. It is needless to say that if there is no legal impediment to provide the aforesaid dues, those dues may be given to the petitioner within aforesaid time and if some formalities are required to be completed by the petitioner, same shall be intimated to him forthwith so that he could fulfill those formalities. Order Date :- 1.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench