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R.G. Mishra v. State Of U.P. & Others - WRIT - A No. 78643 of 2005 [2006] RD-AH 103 (2 January 2006)


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 Rakesh Tiwari, J

          Heard counsel for the parties and perused the record.

The petitioner was appointed as Manufacturing Chemist in Raja Buland Sugar Company Limited, Rampur on 21.9.1978. He was promoted as Deputy Chief Chemist on 17.4.1986.Thereafter he opted for Voluntary Retirement Scheme in 2003. The payment under Voluntary Retirement Scheme made to the petitioner but certain amounts has been deducted  in as-much as  the increased D.A. admissible w.e.f. 1.1.2003 has not been added in the salary of the petitioner at the time of calculating the ex-gratia payment as well as gratuity.  In this regard the petitioner has made representation before the authority concerned on 20.6.2005 which has remained unactioned till date.

          Though the petitioner has an efficacious and alternative remedy against the aforesaid grievance before the Labour Court but he prefers that his aforesaid  representation dated 20.6.2005 may be directed to be decided by the authority concerned within  a time bound frame fixed by this Court.

The standing counsel has no objection to this prayer.

In the circumstances, the writ petition is disposed of with a direction to the authority concerned to decide the aforesaid representation of the petitioner by a reasoned and speaking order, in accordance with law within a period of two months from the date of submission of a certified copy of this order.

The petitioner shall file a certified copy of this order along with copy of the representation before the authority concerned within 15 days from today.

Dated 2.1.2006



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