SHIV JI MISHRA v. U.P. STATE BRIDGE CORPORATION LTD. THRU. ITS MANAGING DIRECTOR AND 3 OTHERS
WRIA/3900/2025 · 2025-04-10
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133297 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20299 Court No. - 3 Case :- WRIT - A No. - 3900 of 2025 Petitioner :- Shiv Ji Mishra Respondent :- U.P. State Bridge Corporation Ltd. Thru. Its Managing Director And 3 Others Counsel for Petitioner :- Dinesh Kumar Tripathi,Kalapanath,Vijay Kumar Counsel for Respondent :- Shishir Jain,Rajesh Kumar Verma Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri D. K. Tripathi, learned counsel for the petitioner, Ms. Kavya Jain holding brief of Sri Shishir Jain,
learned counsel for opposite parties no.1, 2 and 3 and Sri Rajesh Kumar Verma, learned counsel appearing for opposite party no.4.
2. By means of this petition, the petitioner has prayed following main reliefs:-
" I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the post retiral dues, gratuity amount Rs 1,25,000/- to the petitioner in accordance with the provisions of the Payment of Gratuity Act 1972 and pay Insurance, leave encashment etc. with interest including all admissible allowances with interest, as well as in accordance with the judgment in writ petition No. 5917 (S/S) of 2012 Darsu Ram Vs. U.P. State bridge Corporation Ltd. & another. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to decide the representation dated 11.03.2025 and pay the post retiral dues, Gratuity, insurance, leave encashment etc. to the petitioner forthwith."
3. Learned counsel for the petitioner has submitted that for redressal of the aforesaid grievance, the petitioner has preferred representation to the competent authority, but to no avail. Learned counsel for the petitioner has also submitted that the petitioner may be permitted to prefer a fresh representation before opposite parties no.1 and 4 and this Court may direct opposite parties no.1 and 4 to pass appropriate order strictly in accordance with law.
4. Learned counsel for the opposite parties has no objection if direction for disposal of the representation is issued.
5. Therefore, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to opposite parties no. 1 and 4 i.e. the Managing Director, U.P. State Bridge Corporation Limited,Lucknow and the Regional Provisional Fund Commissioner, Regional Office, Lucknow respectively, taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this
order within a period of fifteen days from today. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authorities concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, with expedition, say within a period of three months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith.
6. With the aforesaid direction, the writ petition is
disposed of finally. . (Rajesh Singh Chauhan,J.)
Order Date :- 10.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench