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2025 DAILYLAW 136433 (ALL)

AJAY KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT LKO. AND 3 OTHERS

WRIA/4566/2025 · 2025-04-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24787 Court No. - 3 Case :- WRIT - A No. - 4566 of 2025 Petitioner :- Ajay Kumar Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C.,Pankaj Patel Hon'ble Rajesh Singh Chauhan,J. Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner, Sri Pankaj Patel, learned counsel for the opposite party no. 1 and Sri Daya Shankar Tiwari, learned counsel for the opposite party nos. 2, 3 and 4. By means of this petition, the petitioner has prayed the following relief:- "i. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No.4 to make payment of remaining service dues and post retiral dues along with consequential benefit of services to the petitioner at an early date in pursuance of the order dated 12/12/2022 passed by the opposite party No.3 and order dated 06/05/2022 passed by the opposite party No. 4 ignoring the punishment order dated 02/06/2014 passed by the opposite party No.4. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No.4 to make payment of interest upon the remaining amount of service dues and post retiral dues along with other consequential benefits of services w.e.f. the date it become due up till the date of actual payment." Learned counsel for the petitioner has sated that despite the fact that the punishment order dated 02.06.2014 having been set- asied partly by the appellate authority on 12.12.2022, the petitioner has not been paid his post retiral dues. He has further submitted that since there are no cogent reasons not to make post retiral dues to the petitioner, therefore, the petitioner is entitled for delayed payment on post retiral dues. 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., General Manager Lucknow Producers Cooperative Milk Union Limited, Plot No. 166/167/169 Chak Gajariya, Sultanpur Road, Lucknow 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 there is no cogent reason for not making payment of aforesaid post retiral dues to the petitioner, he shall be paid his all post retiral dues within the aforesaid stipulated time and the claim of the petitioner for interest on the delayed payment may also be considered by the authorities concerned, strictly in accordance with law within the aforesaid stipulated time. Order Date :- 30.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench