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2025 DAILYLAW 201321 (ALL)

SATYENDRA KUMAR TRIVEDI v. U.O.I. THRU. SECY. MINISTRY OF COMMUNICATION NEW DELHI AND 2 OTHERS

/12120/2025 · 2025-10-14

Shree Prakash Singh

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12120 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 3 to make payment of Retiral Benefits 1.e. Provident fund, Gratuity and Privilege Leave Encashment with admissible interest to the petitioner. II. Issue, a writ order or direction in the nature of Mandamus commanding to the opposite parties specifically to the opposite party no.3 to take a decision on pending representation of the petitioner. III. Any other and further order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. IV. Award the cost of the petition to the petitioner against the contesting opposite parties." 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 Versus Counsel for Petitioner(s) : Ashok Kumar Counsel for Respondent(s) : A.S.G.I., Dwijendra Mishra Satyendra Kumar Trivedi .....Petitioner(s) U.O.I. Thru. Secy. Ministry Of Communication New Delhi And 2 Others .....Respondent(s) and decide the claim of the petitioner, within stipulated period of time as may be fixed by this Court. 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. 2, 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. October 14, 2025 Mayank WRIA No. 12120 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench