Anil Kumar Saxena v. State of U.P. Thru. Prin. Secy. Rural Engineering Deptt. Lko and 2 Others

Court No. - 20 Case :- WRIT - A No. - 7973 of 2023 Petitioner :- Anil Kumar Saxena Respondent :- State Of U.P. Thru. Prin. Secy. Rural Engineering Deptt. Lko And 2 Others Counsel for Petitioner :- Shireesh Kumar,Utkarsh Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard Mr. Shireesh Kumar learned counsel for petitioner and learned State Counsel for opposite parties. Petition has been filed seeking following reliefs:- "(i)issue a writ, order or direction in the nature of certiorari quashing the order dated 31.08.2022 as contained in annexure no.8 to this writ petition.

(ii) issue a writ order or direction in the nature of mandamus commanding the opposite parties to re-fix and revise pension of the petitioner after allowing him the benefit of restoration of increments earned by him in the Institute after inclusion the period of 05.10.1989 to 17.08.1993 into the total length of service of the petitioner and release the final pension of the petitioner in his favour along with its arrears.

(iii) issue a writ order or direction in the nature of mandamus commanding the opposite parties to forthwith release the amount of gratuity and leave encashment after revising the same in the aforesaid manner.

(iv) issue a writ order or direction in the nature of mandamus commanding the opposite parties to allow interest @12% per annum on the arrears of pension, gratuity, leave encashment tc from the date of accrual upto the date of actual payment." Initially interim directions were issued by this Court on13th October,2023. Learned counsel for petitioner on the basis of instructions submits that in pursuance thereof, all the relevant payments due to petitioner have already been made to him due to which petition has been rendered infructuous. Considering aforesaid facts and submissions, the petition is dismissed as having been rendered infructuous without any adverse effect upon benefits already accrued and paid to petitioner. Order Date :- 11.12.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench