Saudagar Singh Yadav v. State of U.P. and 3 Others

Court No. - 33 Case :- WRIT - A No. - 16785 of 2023 Petitioner :- Saudagar Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sadhu Sharan Counsel for Respondent :- C.S.C.,Sanjay Kumar Om Hon'ble J.J. Munir,J. Order on the Writ Petition Heard learned Counsel for the petitioner and Mr. Sanjay Kumar Om, learned Counsel, who has filed a short counter affidavit on behalf of respondent Nos.2, 3 and 4 in Court today. It is taken on record. Let it be numbered by the office. In Paragraph No.5 of the affidavit filed today, it is averred: "5. That it is stated that the GPF, Gratuity and Leave Encashment etc. of the petitioner has been paid. Details of the payment made to the petitioner are as under: Sl. No. Particulars Amount (Rs.) Details of Payment

¶1GPF 10,16,949.00 CDO No. 34432 Dt. 25.9.2023

¶2Gratuity 8,03,418.00 CDO No. 2690 Dt. 3.11.2023

¶3Leave Encashment 4,86,920.00 CDO No. 2441 Dt. 4.7.2023

¶4Arrears of DA 19,712.00 CDO No. 2669 Dt. 19.10.2023

¶5GIS 50,563.00 Cheque No. 660695 Dt. 28.6.2023 Total 23,27,562.00 Details of the payment made by Executive Engineer, U.P. Jal Nigam (Rural), Ghazipur dt. 4.11.2023 is annexed herewith and is marked as Annexure-1 to this affidavit." In view of the said statement, the fact of receipt of these dues is not disputed by the learned Counsel for the petitioner, Mr. Sadhu Saran. Mr. Saran, however, states that dues on account of revision under the Sixth Pay Commission have not been paid. Mr. Om says that the issue is subjudice before the Supreme Court. In the circumstances, this petition is disposed of with liberty that if and when the issue regarding revision of pay in terms of the Sixth Pay Commission is settled, subject to event, it will be open to the petitioner to institute a fresh petition for appropriate relief. Order on the Stay Application Disposed of. For orders, see my order of date passed in the writ petition. Order Date :- 16.11.2023 Anoop High Court of Judicature at Allahabad