Kumari Shikha and Another v. State of U.P. and 4 Others

Court No. - 35 Case :- WRIT - A No. - 19709 of 2023 Petitioner :- Kumari Shikha And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lavlesh Kumar Shukla Counsel for Respondent :- C.S.C.,Vivek Kumar Rai Hon'ble Vikas Budhwar,J. Heard Sri Lavlesh Kumar Shukla, learned counsel for the petitioners and Sri Santosh Kumar Shukla learned Additional Chief Standing Counsel, who appears for respondents 1 and Sri Ravi Prakash holding brief of Sri Vivek Kumar Rai, who appears for the respondents no. 2 to 5. Though the writ petitioners have filed the present writ petition couching reliefs to the extent that the respondents be directed to pay the arrears of honorarium/salary for the month of August, 2023 on wards pursuant to the resolution passed by the Finance Committee of the University dated 21.6.2023 by extending the benefit of E.P.F. but he does not press the said relief, however he confines the relief to the extent that the respondents be directed to decide the representation of the writ petitioners which is stated to be pending at page 38 of the paper book while restraining them not to interfere in the peaceful occupation of the quarter which has been allotted to them. Learned counsel for the University has invited the attention of the Court towards page 29 of the paper book being a communication of the University dated 5.10.2023 mentioning therein that the writ petitioners are in-default with respect to payment of the licensee fee for the residential accommodation and they are not eligible. He further submits that so far as the said grievance is concerned the writ petitioner may approach the Registrar, Deen Dayal Upadhyay University, Gorakhpur. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed of 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 third respondent, Registrar, Deen Dayal Upadhyay University, Gorakhpur who shall on the receipt of the same, thereafter proceed to decide the claim of the petitioner strictly in accordance with law within a period of one month from the date of presentation of the certified copy of the order. 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 of. Order Date :- 4.12.2023 piyush High Court of Judicature at Allahabad