Mahendra Nath v. State of U.P. and 4 Others

Court No. - 35 Case :- WRIT - A No. - 20236 of 2023 Petitioner :- Mahendra Nath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhat Kumar Singh,Shivendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.

¶1Heard Sri Prabhat Kumar Singh, learned counsel for the writ petitioner and Dr. Santosh Kumar Shukla, learned Additional Chief Standing Counsel who appears for respondents No. 1 to 5.

¶2The writ petitioner claims that he is superannuated on

31.07.2023 from the institution being Cutting Memorial Inter College, District Varanasi on the post of Peon according to him, he is entitled to payment of gratuity, group insurance including monetary pension post retirement gratuity. He seeks to rely upon a document which is being Page 15 of the paper book which happens to be under the signature of Deputy Director of Education, Madhyamic, 5th Mandal Varanasi.

¶3Dr. Santosh Kumar Shukla, learned Additional Chief Standing Counsel, on the other hand, submits that the issue which the writ petitioner seeks to raise needs determination by the second respondent, Deputy Director of Education, Varanasi Region Varanasi the writ petitioner may represent his cause before the second respondent who shall take appropriate decision in that regard. He does not propose to file any response to the writ petition.

¶4To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same.

¶5Considering 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 second respondent, Deputy Director of Education Varanasi Region, Varanasi who shall on the receipt of the same, decide the entitlement of the petitioner strictly in accordance with law within a period of two months from the date of production of the certified copy of the order.

¶6With the aforesaid observations, the writ petition stands disposed of. Order Date :- 13.12.2023 Rajesh High Court of Judicature at Allahabad