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Om Prakash v. State Of U.P. & Others - WRIT - A No. 7136 of 1996 [2004] RD-AH 67 (6 February 2004)


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).


Court No.23

Civil Misc. Writ Petition No.7136 of 1996

Om Prakash Vs. State of U.P. and others


Hon'ble V. C. Misra, J.

The petitioner has filed this writ petition seeking prayer in the nature of mandamus commanding the respondents to re-determine the pension of the petitioner in accordance with the explanation submitted by him and objections raised by the respondents and thereafter pay the arrears of pension, gratuity and other retrial benefits.

Time was granted several times to the Standing Counsel for filing counter affidavit and lastly, on 4.9.2003 but no counter affidavit has been filed so far. Counsel for the petitioner has filed an application no.66889 dated 16.11.1999 seeking permission to file representation before the concerned authority. This Court vide its order dated 27.5.1999 granted two months time to the respondents to decide the representation in accordance with law. Since the petitioner could not submit his representation within time he moved an application dated 16.11.1999 for extension of time. Thus, Court had issued direction to list the application with previous papers before the appropriate Bench. Thereafter, the petitioner again moved an application No.89146 of 1999 dated 9.12.1999 with a request to fix 20.12.1999 in the above case, which was rejected on 17.12.1999.

Counsel for the petitioner has again pressed for the disposal of the application No.66889 of 1999 dated 16.11.1999 moved for enlargement of time.

Heard counsel for the petitioner and standing counsel.

Standing counsel has no objection if the petitioner is allowed to file his representation before the respondents in terms of the application dated 16.11.1999. The application dated 16.11.1999 is allowed.  The petitioner may file fresh representation before the respondents along with a certified copy of this order within one month from today. In case, the petitioner files his representation, the authority concerned shall decide the same with a speaking order within a period of one month from the date of receipt of the representation along with certified copy of this order.

With these observations, the writ petition is disposed of finally.  

February 6, 2004



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