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2023 DIGILAW 161 (ALL)

Swami Swaroop v. M. D. (Rural) U. P. Jal Nigam Lko.

2023-01-17

VIVEK CHAUDHARY

body2023
JUDGMENT : 1. Heard learned counsel for petitioner and Sri Krishna Misra holding brief of Sri Rishabh Kapoor, learned counsel for the respondents. 2. The petitioner has approached this Court claiming that certain retiral benefits of the petitioner have been retained on account of alleged recovery of Rs.3,49,502/- against the petitioner. 3. Learned counsel for the petitioner submits that the petitioner is a Class-III employee and is entitled to the benefit of the judgment in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others, 2015 (4) SCC 334 . 4. Learned counsel for petitioner further submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner. 5. Sri Krishna Misra holding brief of Sri Rishabh Kapoor, learned counsel for the respondents, has no objection to the same. 6. In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.2-Chief Account Officer, U.P. Jal Nigam, 6 Rana Pratap Marg, Lucknow, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order. 7. In case such a representation is moved by petitioner, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him. 8. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. 9. With the aforesaid directions, present writ petition is disposed of.