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2025 DAILYLAW 135133 (ALL)

SHIV SHANKAR DUBEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY./ PRIN. SECY. SECONDARY EDUCATION AND 6 OTHERS

WRIA/4266/2025 · 2025-04-21

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22309 Court No. - 3 Case :- WRIT - A No. - 4266 of 2025 Petitioner :- Shiv Shankar Dubey Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Secondary Education And 6 Others Counsel for Petitioner :- Nagendra Bahadur Singh Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Rajesh Singh Chauhan,J. Heard Sri Nagendra Bahadur Singh, learned counsel for the petitioner, Sri Daya Shankar Tiwari, learned Additional Chief Standing Counsel for opposite party nos. 1, 2 and 3 and Sri S.S. Rajawat, learned counsel for the opposite party nos. 4 and 5. In view of the order proposed, notice to the opposite party nos. 6 is hereby dispensed with. By means of the present petition, the petitioner has prayed the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure payment of pension and other retirement benefits expeditiously or within the time stipulated by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make payment of interest on the delayed payment of pension and other retirement benefits at the current market rate from the due date till the actual date of payment. (iii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make arrears of salary w.e.f. 10.12.2011 to 29.02.2012." Learned counsel for the petitioner has submitted that the petitioner retired from service on 31.03.2023 from the post of Assistant Teacher but till date he has not been paid his retiral dues nor pension. He has also not been given salary with effect from 10.12.2011 to 29.02.2012 without any cogent reason. The petitioner has preferred a representation to the opposite party no. 4, i.e., Zila Basic Shiksha Adhikari, Sultanpur, but no decision has been taken till date. 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.4 i.e., Zila Basic Shiksha Adhikari, Sultanpur 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. It is needless to say that if the aforesaid dues has not been paid to the petitioner till date without having any cogent reason, the payment thereof shall be given to him within the aforesaid stipulated time and if the delay in making the aforesaid payment is on the part of the authorities, the claim of the petition for interest on the delayed payment may also be considered strictly in accordance with law. Order Date :- 21.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench