KAMLA PRASAD TIWARI v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 4 OTHERS
WRIA/3973/2025 · 2025-04-11
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133428 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133428 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20813 Court No. - 3 Case :- WRIT - A No. - 3973 of 2025 Petitioner :- Kamla Prasad Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 4 Others Counsel for Petitioner :- Ravindra Nath Mishra,Nikunj Kumar Mishra Counsel for Respondent :- C.S.C.,Anil Kumar Tripathi Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Ravindra Nath Mishra, learned counsel for the petitioner, Sri R.K. Mishra, learned Standing Counsel for the State-opposite parties and Sri Ajitanju Tripathi, Advocate holding brief of Sri Anil Kumar Tripathi, learned counsel for respondent nos.4 and 5.
2. By means of this petition, the petitioner has prayed following main reliefs:-
"Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.4 and 5 to pay remaining amount of pension and pension arrears + remaining GPF + Gratuity Rs.1450350 + Leave Encashment Rs.896580 and others within stipulated period, in the in the interest of justice. Issue a writ or order in the nature of mandamus commanding the opposite parties no.4 and 5 to pay admissible interest on delayed payment retiral dues and pension and pension arrears while making full and final payment of retiral dues to the petitioner, in the in the interest of justice."
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 party no.4 and this Court may direct opposite party no.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 party no. 4 i.e. Executive Officer, Nagar Palika Parishad, district Gonda taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, along with certified copy of this order within a period of fifteen days from today. The copy of the representation may also be given to the opposite party no.2 i.e. Commissioner, Devipatan Mandal, district Gonda for perusal and necessary action, if it is so required. If such a
representation is preferred by the petitioner within the aforesaid stipulated time, the authority 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 ten weeks from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith.
6. It is needless to say that if there is no legal impediment, the payment of aforesaid post retiral dues and pension etc. may be paid to the petitioner within the aforesaid stipulated time, failing which the petitioner may be entitled for the interest on the delayed payment.
7. With the aforesaid direction, the writ petition is
disposed of finally.
Order Date :- 11.4.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench