Ram Bahadur Yadav v. Union of India Thru. Director General Railway Protection Force New Delhi and 3 Others

Court No. - 20 Case :- WRIT - A No. - 9064 of 2023 Petitioner :- Ram Bahadur Yadav Respondent :- Union Of India Thru. Director General Railway Protection Force New Delhi And 3 Others Counsel for Petitioner :- Abhishek Dwivedi Counsel for Respondent :- A.S.G.I. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and Mr. S.B. Pandey learned Senior Counsel assisted by Mr. Anand Dwivedi learned counsel for opposite parties.

¶2Petition has been field seeking a direction to opposite parties for payment of gratuity and leave encashment and security amount payable to petitioner due to his superannuation on 28th February, 2006. Further prayer for arrears of monthly pension with effect from 28th February, 2006 to Ist August, 2012 and interest thereupon has also been sought.

¶3It has been submitted that earlier petitioner was dismissed from service vide order dated 22nd October, 1998 against which appeal and revision were also rejected leading to filing of writ petition No. 5502 (S/S) of which was allowed by means of judgment and order dated 17th February, 2009. Special appeal No. 230 of 2009 as well as special leave petition converted to civil appeal No. 9334 of 2010 was also dismissed on 26th November, 2021 but the aforesaid benefits have yet not been paid to petitioner.

¶4It is submitted that in the meantime petitioner superannuated on 28th February, 2006 but due to pendency of aforesaid proceedings, the benefits have yet not been paid to him. It is submitted that once dismissal order passed against petitioner has already been quashed and has been upheld up till Hon'ble Supreme Court, petitioner is entitled for the aforesaid relief.

¶5For the aforesaid grievance, petitioner has already submitted a representation but seeks liberty to file a fresh representation before the concerned authority.

¶6Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite parties 3 and 4. In case such a representation is filed, the same shall be decided by a reasoned and speaking order within with period of six weeks from the date a copy of this order is produced before the said authority. In case petitioner is found entitled for the aforesaid benefits, payment of same shall also be made to him within a further period of six weeks.

¶7With the aforesaid observations, the writ petition stands disposed of. Order Date :- 24.11.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench