DURGA PRASAD SINGH v. DEPUTY DIRECTOR OF EDUCATION AND 2 OTHERS
WRIA/11306/2025 · 2025-08-06
Mayur Jain Jt Registrar J Listing
body2025
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[ 2025 DAILYLAW 83710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83710 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:133592 Court No. - 32 Case :- WRIT - A No. - 11306 of 2025 Petitioner :- Durga Prasad Singh Respondent :- Deputy Director Of Education And 2 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed seeking the following main prayer:-
"i. Issue a writ, order or direction in the nature of mandamus, commanding the respondent no. 1 to consider for payment of interest on delayed payment of death cum retirement gratuity from the date it fell due i.e. 15.2.2005 till it was actually paid i.e. 20.6.2023 in favour of the petitioner, within stipulated time as may be fixed by this Hon'ble Court."
2. Learned counsel appearing on behalf of petitioner without entering into merits of the case, made innocuous prayer that the petitioner may be permitted to file fresh representation before respondent no.1 and a direction may be issued to him to decide the same in time bound manner.
3. Learned Standing counsel appearing on behalf of State- respondents vehemently opposed the writ petition on merit, but has not opposed the prayer as made by learned counsel appearing on behalf of the petitioner.
4. Heard Sri Adarsh Singh, learned counsel appearing on behalf of the petitioner and Sri Santosh Kumar, learned Standing Counsel appearing on behalf of the State-respondents and perused the contents made in the writ petition.
5. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Standing Counsel appearing on behalf of State-respondents. The petitioner is directed to file a fresh representation along with present writ petition as well as certified copy of this order before respondent no.1, Deputy Director of Education (Secondary Education), Azamgarh region Azamgarh within 10 days from today. After receiving the said representation, respondent no.1 is
directed to decide the said representation in accordance with law, expeditiously, preferably within a period of six weeks from the date of receiving of the said representation.
6. With the aforesaid directions/observations, the present writ petition is disposed of.
Order Date :- 7.8.2025 Radhika (Chandra Dhari Singh, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad