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2025 DAILYLAW 71150 (ALL)

RAKESH AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIA/8885/2025 · 2025-07-07

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107486 Court No. - 4 Case :- WRIT - A No. - 8885 of 2025 Petitioner :- Rakesh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Sanjay Maurya Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Sanjay Maurya, learned counsel for petitioners and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioners who are sons of late Jagdhar are claiming terminal dues of their father who died in harness on 14.12.2023 from respondent establishment while working on the post of mate. 3. It is submitted that in the above regard the Executive Engineer has sought legal opinion from the District Government Counsel, Gorakhpur vide letter dated 22.07.2024 and in response thereof the District Government Counsel, Gorakhpur has submitted his legal opinion on 07.08.2024 to the effect that the terminal dues can be paid to heirs/ petitioners. 4. In view of the above learned Standing Counsel submits that now the Executive Engineer can be therefore, can be directed to take decision in the matter in terms of legal opinion. 5. Accordingly this petition stands disposed of with a direction to the Executive Engineer concerned to take appropriate decision in the matter of claim of the petitioner for terminal dues of their late father Jagdhar who died on 14.12.2023 as expeditiously as possible within a period of two months from the production of certified copy of this order. 6. It is further provided if the Executive Engineer concerned decides that the petitioners are entitled to the terminal dues of their father the same shall be released within a further period of six weeks. Order Date :- 8.7.2025/Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad