Allahabad High Court
Brij Kishore Singh vs U.P.Jal Nigam Thru Managing Director ... on 21 January, 2020
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 701 of 2020 Petitioner :- Brij Kishore Singh Respondent :- U.P.Jal Nigam Thru Managing Director Lucknow & Ors. Counsel for Petitioner :- Savita Jain Counsel for Respondent :- Rishabh Kapoor Hon'ble Vivek Chaudhary,J.
1. Heard Ms. Savita Jain, learned counsel for the petitioner and Sri Rishabh Kapoor, learned counsel for the respondent-corporation.
2. Present writ petition is filed by the petitioner stating that he retired from services in the month of June, 2019, but, his post retiral dues are not paid till date.
3. Learned counsel for the petitioner has placed before this court a copy of Order dated 17-01-2020 passed in Writ-A No. 9990 of 2019, Shiv Kumar Lal Versus State of U.P. And 2 Others, which reads as follows :-
"Pursuant to the orders passed on previous occasion, Sri Neeraj Tripathi, learned Additional Advocate General has obtained instructions, alongwith which various letters sent by State Government to the Director, Local Bodies and the U.P. Jal Nigam are annexed.
Sri Ashok Khare, appearing for the U.P. Jal Nigam has produced before the Court a letter of the Managing Director addressed to the Finance Director, as per which retiral benefits due and payable to all petitioners in this bunch of petitions would be released within a month from today. So far as the other employees are concerned, it is stated that the withheld retiral benefits would be paid by March, 2020. It is stated that this assurance is being extended in view of the discussions held in the office of Chairman, U.P. Jal Nigam dated 14.1.2020, as per which the State Government would shortly clear the outstanding dues of the U.P. Jal Nigam.
Learned counsel for the petitioners have no objection to grant of a month's time to the respondents, provided all pending retiral dues are cleared.
Let this bunch of petitions be listed, once again, at the top of the list on 24.2.2020.
The Jal Nigam shall respond to the letters of the State Government forthwith, and the State Authorities shall ensure that an appropriate decision with regard to clearing of the liabilities of the Nigam is taken by then. The Principal Secretary of the Department concerned as also the Managing Director shall file their personal affidavits clarifying the action taken by then in light of the stand taken today before the Court. The respondents shall ensure that all withheld retiral dues payable to petitioners in this bunch of cases are released by then, and such facts are duly disclosed in the affidavit to be filed by the Managing Director."
4. Learned counsel for the petitioner has strongly placed reliance upon the aforesaid order and submits that in view of undertaking given by respondent-authorities before this court all the retiral dues are to be paid by March, 2020 with regard to petitioners and all other employees, whether they have approached this court or not.
5. Learned counsel for the petitioner submits that benefit of said order may also be made available to the petitioners of present writ petition.
6. Learned counsel for the respondent-corporation could not dispute the said statement and undertaking noted in Order dated 17-01-2020.
7. In view thereof, respondents are directed to clear all the retiral dues of the petitioner also by 31-03-2020.
8. With the aforesaid, present writ petition stands disposed of.
Order Date :- 21.1.2020 Rajneesh JR-PS) (Vivek Chaudhary, J.)