Allahabad High Court
Santosh Shukla vs State Of Up And 2 Others on 23 May, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:93430 Court No. - 35 Case :- WRIT - A No. - 8223 of 2024 Petitioner :- Santosh Shukla Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashish Dwivedi,Shivam Dubey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition with the following prayer:-
A. Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to release the pension, GPF, Gratuity and other retiral dues of the petitioner within stipulated period.
2. It is argued that almost for the same relief, the petitioner earlier approached this Court by filing Writ A No.77 of 2023 (Santosh Shukla Vs. State of U.P. and others) which was disposed of by this Court vide its order dated 08.01.2019 with the following observations:-
"This writ petition is disposed off with a direction to the respondent no. 3 to look into the grievance of the petitioner and pass appropriate reasoned and speaking order thereon within a period of three months from the date a certified copy of this order is filed before him. In case any amount is found admissible the same shall also be paid to the petitioner within a period of one month thereafter."
3. It is argued that copy of the aforesaid order was served upon respondent No.3/General Manager, Kanpur Dairy Milk Production Cooperative Society Ltd., Kanpur/Parag Dairy vide letter dated 05.04.2019 which was duly received by him on 08.04.2019 but till date no decision has been taken. Hence the petitioner is compelled to file the present petition.
4. On the other hand, it is argued by learned Standing Counsel for the respondent that in case, the order passed by this Court was not complied with, the petitioner has the remedy to file Contempt Application before this Court.
5. Heard learned counsel for the parties and perused the record.
6. It appears from perusal of the record that after rendering more than 34 years of service, the petitioner has been superannuated from the service on 31.12.2017. At the time of his retirement, the petitioner was working as Chaukidar in Kanpur Dairy Milk Production Cooperative Society Ltd., Kanpur/Parag Dairy. After his retirement, since the post retiral benefits were not paid, the petitioner approached this Court by the filing the aforesaid writ petition which was disposed of on 08.01.2019 with certain direction and the aforesaid order has also been duly served upon the respondent No.3 but till date no decision has been taken.
7. In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present petition is being disposed of directing the petitioner to move fresh representation before the respondent No.3/General Manager, Kanpur Dairy Milk Production Cooperative Society Ltd., Kanpur/Parag Dairy along with photocopy of the order dated 08.01.2019 passed in Writ A No.77 of 2023 (Santosh Shukla Vs. State of U.P. and others)and certified copy of this order within a period of three weeks. In case, the petitioner will file fresh representation within the aforesaid period, the respondent No.3 will pass appropriate orders on the same most expeditiously and preferably within a period of six weeks thereafter strictly in accordance with law.
8. Since the writ petition has been decided on an ex-parte version without seeking any response from the respondents, thus the passing of the order today may not be construed to an expression that this Court has gone into the merits of the matter and the respondent No.3 shall accord independent consideration strictly in accordance with law and the mandate of law holding the field.
Order Date :- 23.5.2024 saqlain