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2025 DAILYLAW 189098 (ALL)

RAJESH KUMAR SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/15454/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15454 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard learned counsel for the petitioner, Mr. Rishi Kumar, learned Additional Chief Standing Counsel for the State-respondents and Mr. Udai Bhanu Singh, learned counsel for the respondent no.3. 2. The present writ petition has been filed inter-alia for the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 18.08.2025 issued by the respondent no.2 in the Arbitration No.24/2025- 26 (Annexure No.1 to this writ petition); (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the retiral dues to the petitioner which includes Gratuity, Leave Encashment and Group Insurance alongwith interest @ 18% per annum as the petitioner has already been retired after attaining the age of superannuation vide dated 30.08.2021; (iii) Issue an appropriate order or directions which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; (iv) Award the costs of Writ Petition to the Petitioner." 3. A preliminary objection has been raised by the learned Additional Chief Standing Counsel, stating that the first prayer pertains to a notice, against which the petition is not maintainable. 4. However, answering the aforesaid objection, learned counsel for the Versus Counsel for Petitioner(s) : Abhishek Mishra, Prakhar Pandey Counsel for Respondent(s) : C.S.C., Udai Bhanu Singh Rajesh Kumar Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) petitioner submits that notice is with respect to proceedings initiated against the petitioner's father after his death, however, time has been given to the petitioner to submit his reply. As regards the second prayer, the petitioner may be permitted to submit a representation before respondent no. 3, who may be directed to decide the same in accordance with law, with respect to the payment of gratuity, leave encashment, and group insurance, along with interest at the rate of 18% per annum. 5. Learned Standing Counsel has no objection to the aforesaid prayer. 6. In view of the above, the petitioner is directed to submit his reply to the notice dated 18.08.2025 before the concerned authority. Upon receipt of the reply, the concerned authority shall consider the same and pass a reasoned and speaking order in accordance with law, preferably within a period of two months from the date of production of a certified copy of this order. 7. As regards the claim for payment of gratuity, leave encashment, and group insurance along with interest @ 18% per annum, the petitioner is directed to move a representation before the respondent no. 3, i.e., the District Cooperative Bank Ltd., Jaunpur, through its Secretary/Chief Executive Officer, raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no. 3 shall consider and decide the same, in accordance with law, by passing a reasoned and speaking order, preferably within a period of two months from the date of production of a certified copy of this order. 8. With the aforesaid observation/direction, the present writ petition is disposed of. October 15, 2025 Jitendra/- WRIA No. 15454 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad