MEERA KUSHAWAHA v. U.P. JAL NIGAM URBAN THRU. ITS MANAGING DIR. LKO. AND 3 OTHERS
WRIA/4138/2025 · 2025-04-17
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134494 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134494 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21659 Court No. - 3 Case :- WRIT - A No. - 4138 of 2025 Petitioner :- Meera Kushawaha Respondent :- U.P. Jal Nigam Urban Thru. Its Managing Dir. Lko. And 3 Others Counsel for Petitioner :- Prashant Chandra,Bisen Harshita,Ujjwal Sen Counsel for Respondent :- Rishabh Kapoor Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Prashant Chandra, learned counsel for the petitioner and Sri Rishabh Kapoor, learned counsel for the opposite parties.
2. By means of this petition, the petitioner has prayed following main reliefs:-
"1) To issue a writ order or direction in nature of Mandamus commanding the opposite parties to make payment of the regular family pension along with arrears to the petitioner forthwith. 2) To issue a writ order or direction in nature of Mandamus commanding the opposite parties to make payment of arrears of dearness allowance/ dearness relief, arrears of salary and pensionary benefits w.e.f. 01.01.2006 to 11.03.2010 on account of implementation of VI Pay Commission and all other remaining post retiral dues of the petitioner's father to the petitioner. 3) To issue a writ order or direction in nature of Mandamus commanding the opposite parties to make the above payment with interest at the rate which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case with effect from the date the amount becomes due up till date of actual payment, 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 the competent authority/opposite party no.2 and this Court may direct the competent authority/ opposite party no.2 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 the competent authority/ opposite party no.2 i.e. Managing Director, U.P. Jal Nigam (Urban), 6, Rana Pratap Marg, Lucknow 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 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 two months 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 in making payment of the aforesaid dues, the petitioner may be paid the aforesaid dues within the aforesaid stipulated time and if there is any unreasonable delay in making payment of the aforesaid dues, the request of the petitioner for appropriate interest on the delayed payment may also be considered by the competent authority.
7. With the aforesaid direction, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.]
Order Date :- 17.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench