Rakesh Chandra Gupta v. State of U.P. Thru. Prin. Secy. Lko. Nagar Vikas and 4 Others

Court No. - 7 Case :- WRIT - A No. - 8328 of 2023 Petitioner :- Rakesh Chandra Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Lko. Nagar Vikas And 4 Others Counsel for Petitioner :- Prashant Agarwal Counsel for Respondent :- C.S.C.,Aatreya Tripathi Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel appearing for the respondents no. 1 and 4 and Sri Aatreya Tripathi, learned counsel appearing for the respondent no.5. With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided at the admission stage. Instant petition has been filed with the following main prayer: "A. Issue a writ order or direction in the nature of Certiorari quashing the impugned Order dated 30.03.2016 as contained in (ANNEXURE No. 2) passed by the Opposite party no. 4 through which the he ordered for stoppage of salary of the petitioner illegally. B. Issue a writ order or direction in the nature of mandamus directing the ADM (F&R) i.e Opposite Party No. 4 to release entire arrears of salary and retiral dues alongwith an interest @12% p.a to the petitioner within the time frame fixed by this Hon'ble Court." Learned counsel for the petitioner, after arguing at length, submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a fresh representation before the respondent No.4 which may be directed to be decided within a fixed time frame to which learned Additional Chief Standing Counsel has no objection. In view of the above, it is provided that in case the petitioner submits a fresh representation within two weeks from today before the respondent No.4 then the respondent No.4 shall endevour to decide the same by means of a reasoned and speaking order within a further period of three monthsfrom the date of receipt of a certified copy of this order along with representation. With the aforesaid direction, writ petition is disposed of. It is made clear that this Court has not gone into the merits of the case as set forth by the petitioner. . Order Date :- 19.10.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench