LAIK AHMAD KHAN v. STATE OF U.P. THRU. ITS SECY. OF ENERGY AND 2 OTHERS
WRIA/3882/2025 · 2025-04-10
Rajesh Singh Chauhan
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 132935 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132935 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20192 Court No. - 3 Case :- WRIT - A No. - 3882 of 2025 Petitioner :- Laik Ahmad Khan Respondent :- State Of U.P. Thru. Its Secy. Of Energy And 2 Others Counsel for Petitioner :- Nirbhay Kumar Singh,Buddha Priya Gautam,Pradeep Kumar Singh,Rana Pratap Singh Counsel for Respondent :- C.S.C.,Alok Saran Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Nirbhay Kumar Singh, learned counsel for the petitioner, Sri Brijendra Singh, learned Addl.Chief Standing Counsel for opposite party No.1. 2. Notice for opposite parties No. 2 & 3 has been accepted by Sri Alok Saran, Advocate. 3. By means of this petition, the petitioner has prayed following main relief:-
"(i) issue writ in issue of a writ in nature of Mandamus commanding the opposite parties to pay the entire service benefits to the petitioner due against the department as early as possible in the head of EPF gratuity, leave encashment and Rs.99227/- towards the other head as ealry as possible."
4. Learned counsel for the petitioner has stated that the petitioner is an old person aged about 79 years and for getting his admissible dues he is running from pillar to post in last couple of years. Some part payment of the retiral dues has been given but remaining amount has been withheld without apprising the reason thereof. As a matter of fact, the impugned action not making payment to the petitioner of his post retiral dues is an illegal and unwarranted action of the opposite parties.
The appropriate decision is to be taken by the opposite party No.2 i.e. 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.2, i.e., Managing Director, Madhiayanchal Vidut Vitran Nigam Limited, Lucknow ventilating his 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 two months 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 considering the fact that the petitioner is an old age person and part payment has been given to him therefore if there is no legal impediment, the payment of the aforesaid dues would be given to the petitioner within the aforesaid period, failing which the petitioner may claim interest of the delay payment. It is also needless to say that if the aforesaid payment is given in a belated stage without having any cogent reason to this effect, the petitioner may also claim interest on such payment and that request may be considered by the concerning authority strictly in accordance with law. 7.This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 10.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench