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2025 DAILYLAW 133656 (ALL)

PAWAN KUMAR TEWARI v. STATE OF U.P. THRU. PRIN. SECY. TO THE DEPTT.OF FOOD AND CIVIL SUPPLY LKO. AND 3 OTHERS

/3086/2022 · 2025-01-27

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5104 Court No. - 5 Case :- WRIT - A No. - 3086 of 2022 Petitioner :- Pawan Kumar Tewari Respondent :- State Of U.P. Thru. Prin. Secy. To The Deptt.Of Food And Civil Supply Lko. And 3 Others Counsel for Petitioner :- Pankaj Verma Counsel for Respondent :- C.S.C.,Mahendra Pratap Singh Hon'ble Abdul Moin,J. (I.A. No. 03 of 2024) Heard. After arguing at some length, learned counsel for petitioner prays that he does not want to press the instant application and the same may be dismissed as not pressed. Learned counsels for respondents have no objection to the prayer made by learned counsel for the petitioner. Accordingly, the instant application is rejected as not pressed. (Order on Petition) Heard learned counsel for the petitioner and learned Standing Counsel for respondents no. 1 and Shri Mahendra Pratap Singh, learned counsel for the respondents no. 2 to 4. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. The instant writ petition has been filed praying for following main reliefs: "i. issue a writ, order or direction in the nature of certiorari quashing the part of impugned order dated 03.02.2021 passed by opposite party no.4 as contained in Annexure No.1 to the writ petition so far it relates to adjustment of Rs. 3,15,421.00 from the amount of due salary of the petitioner. ii. issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay or to cause to pay the entire post retirement benefits of the petitioner like Gratuity, Leave Encashment and amount of E.P.F. to the petitioner along with the interest at the rate of 18% per annum." Contention of learned counsel for the petitioner is that vide order dated 03.02.2021, respondents have indicated that an amount of 8,72,802/- is to be paid to the petitioner on account ₹ of admitted retiral dues yet the said amount has not been paid till date and hence the petition. Shri Mahendra Pratap Singh, learned counsel for the respondents no. 2 to 4, states that on account of financial difficulties which the Corporation was facing, the aforesaid amount could not be paid but now as certain amount has been received from the State Government consequently the admitted dues, as due to the petitioner, would be paid positively within four weeks from today. The aforesaid statement of Shri Mahendra Pratap Singh, learned counsel is recorded. With the aforesaid, writ petition is disposed of. Order Date :- 27.1.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench