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Subba Ram v. State Of U.P. Thru' Secretary & Others - WRIT - A No. 11415 of 2007 [2007] RD-AH 3628 (1 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioner as well as learned Standing counsel appearing for the respondents. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

The petitioner, who was working as Collection Peon in the office of Respondent no.4, retired from service  on 31.12.2001. The submission of the learned counsel for the petitioner is that although the petitioner has completed all formalities with regard to payment of his post retiral dues but the same have yet not been given to him although more than five years have passed and the petitioner has filed several representations before the respondents in this regard. Learned counsel for the petitioner submits that because of non-payment of his retiral dues the petitioner is suffering irreparably and does not have means for his survival. In support of his claim for payment of pension and other retiral benefits the petitioner has relied upon a Division Bench decision of this Court in the case of  Board of Revenue v. Prasidh Narain Upadhyay 2006 (1) ESC 611 .

Having heard learned counsel for the parties and considering the facts and circumstances of this case, this writ petition is disposed of with the direction that in case if, with regard to his grievances made in this writ petition, the petitioner files a fresh comprehensive representation before District Magistrate, Ballia, Respondent no.3, along with a certified copy of this order, the same shall be considered and decided by the said respondent, in accordance with law, by a speaking order after giving opportunity of hearing to the petitioner within a period of six weeks from the date of filing of the same.

It is further provided that in case if the petitioner is found entitled to payment of any dues, the same shall be paid to him within six weeks from the date of decision on his representation.

With the aforesaid observation/direction, this writ petition is disposed of. No order as to cost.

dt. 1.3.2007


w.p. 11415.07


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