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Judgment
9 paragraphs · 336 wordsNamit Kumar, J
The present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking the following reliefs:-
“i) issue a Writ in the nature of Certiorari quashing the Order dated 29.5.2014 (ANNEXURE P-2) passed by the respondent no. 1 whereby the petitioner has been dismissed from service;
ii) issue a Writ in the nature of Mandamus directing the respondents to decide the appeal dated 27.06.2014 (ANNEXURE P-3) as well as to release the financial benefits i.e. the salary for the period 1.5.2014 to 29.5.2014, arrears of dearness allowance, leave salary arrears as well as interest on the General Provident Fund which has been released subsequently and for directing to respondents to pay the financial benefits due to the petitioner along with interest @18% per annum from the date of accrual till realization;
xxx xxx xxx xxx xxx”
Learned counsel for the petitioner confines the scope of writ petition only with regard to relief clause (ii) and submits that the petitioner has submitted detailed representations dated 02.09.2014, 31.12.2014 and 17.06.2015 (Annexure P-4 colly.) and the same are still pending consideration with the respondents and he would be satisfied if time bound directions are issued to the respondents to consider the said representations.
Learned State counsel has no objection to the innocuous prayer made by learned counsel for the petitioner.
I have heard learned counsel for the parties and have gone through the record of the case.
Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.2 to decide representations (Annexure P-4 colly.) submitted by the petitioner expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioner, preferably within a period of 03 months from the date of receipt of certified copy of this order. If the petitioner is found entitled to any benefit, the same shall be released to him within a period of one month thereafter.
