Allahabad High Court
Ajay Kumar Srivastava vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 July, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:44728 Court No. - 4 Case :- WRIT - A No. - 4836 of 2024 Petitioner :- Ajay Kumar Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Vocational Education And Skill Development Lko. And Another Counsel for Petitioner :- Pradeep Chandola,Abhishek Dwivedi Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Pradeep Chandola, learned counsel for the petitioner and Sri Tushar Verma, learned Additional Chief Standing Counsel for the State-respondents.
2. Learned counsel for the petitioner has stated that the petitioner was initially appointed on the post of Instructor (Draftsman Civil) on 05.06.1993 in the Government Industrial Training Institute, Basti on substantive post and he has been paid all the service benefits from time to time as and when the same were admissible. After his regularization, he has been given the benefit of Assured Career Progression (A.C.P.) on 27.11.2018. The petitioner retired from service on 31.01.2024. Before his retirement, he has made representation to the Principal, Government Industrial Training Institute, Basti making request that he may be paid the gratuity and other post retiral dues but after passing about six months period from his retirement, those benefits have not been given to him.
3. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay gratuity to the petitioner in the light of the Government Order dated 06.10.2016, as contained in Annexure No.14.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay pension and other post retirement dues to the petitioner while calculating his total length of services from the date of his initial appointment i.e. 05.06.1993 with all consequential benefits."
4. Learned counsel for the petitioner had drawn attention of this Court towards the judgment and order dated 20.03.2024 passed by this Court in Writ-A No.5380 of 2023; Mohd. Owais Hashmi vs. State of U.P. & others. He has requested that the direction may be issued to opposite party No.2 i.e. The Director Training & Employment, U.P., Directorate Training & Employment, U.P., Bansmandi Chauraha, U.P., Lucknow to make payment of gratuity to the petitioner in the light of the Government Order dated 06.10.2016 and he may be paid the pension and other post retiral dues calculating his total length of services in the light of the directions being issued by this court in the case in re: Mohd. Owais Hashmi (supra).
5. Sri Tushar Verma, learned Additional Chief Standing Counsel has however submitted that it has been instructed by the authority to assail the order dated 20.03.2024 passed in the case in re: Mohd. Owais Hashmi (supra) by filing the special appeal and that special appeal may likely be filed very soon.
6. Be that as it may, since the petitioner is praying for the benefit in terms of the Government Order dated 06.10.2016, he has also making prayer to pay the pension and other post retiral dues, therefore, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage directing the opposite party No.2 i.e. the Director Training & Employment, U.P., Directorate Training & Employment, U.P., Bansmandi Chauraha, Lucknow to consider and decide the aforesaid prayer of the petitioner, strictly in accordance with law if there is no legal impediment, and he may be paid the aforesaid admissible benefits with expedition preferably within a period of eight weeks from the date of receipt of a certified copy of this order.
7. In view of the above, the writ petition is disposed of finally.
8. The petitioner may prefer a fresh representation to the opposite party No.2 i.e. the Director Training & Employment, U.P., Directorate Training & Employment, U.P., Bansmandi Chauraha, Lucknow enclosing therewith a certified copy of this order and also enclosing the other relevant documents which are necessary for disposal of the aforesaid prayer of the petitioner within a period of fifteen days from today.
[Rajesh Singh Chauhan,J.] Order Date :- 1.7.2024 Suresh/