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2025 DAILYLAW 175641 (ALL)

RAKESH KUMAR SRIVASTAVA v. UNION OF INDIA THRU. SECY. MINISTRY OF COMMUNICATION NEW DELHI AND 3 OTHERS

/14339/2025 · 2025-12-12

Shree Prakash Singh

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14339 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Dwijendra Mishra, learned counsel for respondent nos. 2 to 3, Mr. Anand Kumar Dwivedi, learned counsel for the respondent no. 1 and perused the record. Instant petition has been filed with the following reliefs:- "I. Issue, a writ order or direction in the nature of Mandamus commanding to the opposite parties specifically to the opposite parties no.2 and 4 to make payment of Retiral Benefits i.e. Gratuity and Privilege Leave Encashment with admissible interest to the petitioner II. Issue, a writ order or direction in of the nature Mandamus commanding to the opposite parties specifically to the opposite party no.2 and 4 to take a decision on pending representation of the petitioner." The contention put forth by learned counsel for the petitioner is that the petitioner was an employee in ITI Ltd. at Banglore and the place of working was at Jaipur. He submitted that the petitioner has been retired in year 2024 and thereafter, the petitioner has not been paid the retiral dues and he is running pillar to the post. He also submitted that after the retirement, the petitioner is residing at his permanent place at Mankapur, Gonda, therefore, submission is that the respondent nos. 2 and 3 may be directed to consider and decide the claim of the petitioner, within stipulated period of time as may be fixed by this Court. Versus Counsel for Petitioner(s) : Ashok Kumar Counsel for Respondent(s) : A.S.G.I., Dwijendra Mishra Rakesh Kumar Srivastava .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Communication New Delhi And 3 Others .....Respondent(s) Learned counsel appearing for the respondent nos. 2 and 3 submitted that since the petitioner has been retired from ITI Banglore, therefore, the whole dues shall be paid by the said head office. Be that as it may, without entering into the merit of the case, the petitioner is given liberty to move a fresh representation before the respondent no. 3, who after considering the same shall refer the matter to the respondent no. 4, within period of thirty days and who shall consider and decide it within further period of two months while completing all formalities, in accordance with law. Needless to say that the authority shall also consider the payment of interest on the retiral dues. With the aforesaid observations, the instant petition is disposed of. December 12, 2025 Ram Murti WRIA No. 14339 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench