Raj Kumar Sharma v. State of U.P. and 4 Others

Court No. - 35 Case :- WRIT - A No. - 17789 of 2023 Petitioner :- Raj Kumar Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- S.R. Pandey Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J. Heard Sri S.R. Pandey, learned counsel for the writ petitioner and Sri Gaya Prasad Singh, learned Standing Counsel, who appears for Respondents 1 to 4. In view of the order, which is being proposed to be passed today, notices are not being issued to the fifth respondent The writ petitioner claims to have been appointed as a Class-IV employee in the fifth respondent institution namely, Kishan Lal Ram Kumar Higher Secondary School, Aonla, District Bareilly on

06.10.1988 and he retired on 30.06.2021, however, he has not been paid post retiral benefits. Shri Gaya Prasad Singh submits that the issues with the writ petitioner seeks to raise needs determination at the first instance by the second respondent, District Inspector of Schools, Bareilly. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the second respondent, who shall on the receipt of the same, put to notice the fifth respondent, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order. In case the second respondent is of the opinion that the matter needs to be redressed by any authority, papers be transmitted to it with due communication to the writ petitioner and fifth respondent. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Order Date :- 20.11.2023 A. Prajapati High Court of Judicature at Allahabad