Phulmati v. State of U.P. and Another

Court No. - 47 Case :- WRIT - A No. - 19907 of 2023 Petitioner :- Phulmati Respondent :- State of U.P. and Another Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- CSC,Harshit Pandey Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the petitioner, Sri Harshit Pandey, learned counsel for respondent no. 2 and perused the record.

¶2This writ petition has been filed for the following relief: "i) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 3 to release Assured Career Progression (ACP) amount in favour of petitioner along with interest as applicable.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to decide the representation dated 25.09.2023 given by petitioner."

¶3It has been contended by learned counsel for the petitioner that the petitioner was working as sweeper in the Nagar Nigam, Kanpur and dues of ACP are pending though the petitioner has retired on 31.09.2020. In this regard, the petitioner has moved a representation on 25.09.2023 which is pending consideration.

¶4Sri Harshit Pandey, learned counsel appearing for respondent no. 2 submitted that the representation of the petitioner may be directed to be decided.

¶5In view of the same, the present petition is disposed of with a direction to respondent no. 2/Nagar Ayukta, Nagar Nigam, Kanpur Nagar to consider and decide the claim of the petitioner as contained in representation dated 25.09.2023, in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned, provided that there is no other legal impediment.

¶6It is made clear that this Court has not examined the merits of the case. Order Date :- 6.12.2023 Ved Prakash High Court of Judicature at Allahabad