JUDGMENT : SUBHASH UPADHYAY, J. 1. The instant petition has been filed with the following prayers: “i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.05.2012 (Annexure No. 5) passed by the respondent no.3. ii) Issue a writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case, be passed in favour of the petitioners. iii) To award the cost of the present writ petition in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner is an employee of the Birla Institute of Scientific Research, Bhimtal (BISR) and he joined the said institute on 05.12.1987; that the impugned order dated 01.05.2012 was passed by the Deputy Registrar, Birla Institute of Applied Sciences, Bhimtal, District Nainital, informing the petitioner that he would retire on 31.05.2012 after attaining the age of superannuation; that the petitioner is an employee of the Birla Institute of Scientific Research and no age of superannuation is prescribed in the said institute and as the petitioner is not under the employment of Birla Institute of Applied Sciences, as such, order of retirement has been passed by an incompetent authority. 2.1 Per contra, learned counsel for the respondents submits that the writ petition filed by the petitioner against the respondents is not maintainable as respondents are a private institute and do not receive any grant from the State Government and are not a State under Article 12 of the Constitution of India. 3. The writ petition was filed in the year 2014 and was heard on various dates and was dismissed in default on 06.08.2022 and restored on 30.11.2022 and after restoration today is being heard finally. 4. Learned counsel for the petitioner submits that he has submitted a representation on 06.11.2025 before the respondent-authority for payment of post retiral dues to the petitioner. He submits that he had filed a supplementary affidavit on 12.11.2025. Para 4 of the said affidavit reads as under: “4. That by way of supplementary affidavit, the petitioner is filing the representation dated 06.11.2025 submitted by petitioner before the respondent authorities, wherein the petitioner is requesting for payment of post retiral dues to the petitioner, which includes gratuity and the salary for earn leave. As no letter of retirement has been issued from Birla Institute of Scientific Research to the petitioner. As no letter of retirement has been issued from Birla Institute of Scientific Research to the petitioner. The date of retirement of petitioner from the services of Birla Institute of Scientific Research has not been estimated by the applicant. Since the applicant has not received any payment towards post retrial dues of salary after 31.05.2012, it shall be in the interest of justice that interest for a period of 13 years on the amount due in the year 2012 be paid to the petitioner.” 5. Learned counsel for the petitioner submits that he is confining his prayer to the extent that the respondents may be directed to take a decision on his representation within a time stipulated by this Court. 6. Learned counsel for the respondents submits that he has no objection to the prayer made by the petitioner subject to the condition that the petitioner completes the requisite formalities as required under the law. 7. After hearing learned counsel for the parties and perusal of the record, this Court is of the view that dismissing the writ petition as not maintainable after 11 years would not be appropriate. The question of maintainability of the writ petition is not gone through in the present writ petition as the petitioner has confined his payer for the disposal of his representation for payment of post retiral dues. 8. A liberty is given to the petitioner to move a detail representation to the respondent no.2 for the payment of his post retiral dues within a period of 10 days from today. The petitioner would be at liberty to claim interest on the delayed payment of post retiral dues in his representation. 9. The respondent no.2 shall consider and decide the said representation of the petitioner by a reasoned and speaking order after providing opportunity of hearing to the petitioner. The aforesaid exercise shall be completed within a period of one month from the date of production of certified copy of this order before the respondent no. 2. 10. With this observation, the writ petition is finally disposed of.