- (1.) Heard Sri Vivek Kumar Singh, learned counsel for the petitioner and Sri Brajesh Kumar Yadav, learned Standing Counsel for the State of U.P.
(2.) By means of the present writ petition under article 226 of the Constitution of India, the petitioner seeks following reliefs:- "(i) To issue a writ, order or direction in the nature of mandamus directing the respondent authorities to grant all post retiral benefits including the pension to the petitioner forthwith. (ii) To issue any other writ order or direction as this Hon'ble Court may deem fit in the circumstances of the case. (iii) To award cost of the petition to the petitioner."
(3.) Brief facts according to the writ petition are that : 3.1. The petitioner had initially appointed as a work charge employee being a helper in the Tube-well Division, Azamgarh of Irrigation Department vide appointment order dated 01.08.1979 (Annexure-1 to the writ petition) and joined the services on 02.08.1979. 3.2. The petitioner was continuously worked on his post as work charge employee to the entire satisfaction of his superior officers and there was no complaint against him during his entire service period. As such, his entire service period was unblemished. His services were regularized by the order dated 04.12.2008, (Annexure-2 to the writ petition), he was appointed as Mate in the Laghu Dal Canal Division, Mirzapur. The petitioner worked there till attaining the age of superannuation on 31.01.2012. 3.3. After retirement he has made a representation before the Executive Engineer, i.e., respondent no. 4 on 03.03.2012 (Annexure-3 to the writ petition) requesting therein to release the post retiral benefits as well as pension to the petitioner at the earliest. 3.4. After receiving the above representation, Executive Engineer issued a letter dated 19.03.2012, (Annexure -4 to the writ petition) to the petitioner to provide him his signature as well as joint photograph along with his wife for payment of gratuity. But there was nothing in the letter regarding payment of pension to the petitioner. 3.5. Despite completion of directions given in the letter dated 19.03.2012, payment of gratuity is not made to the petitioner. 3.6. The petitioner has sent a reminder on 26.04.2012 requesting therein to give pension to the petitioner and payment of gratuity. 3.7. The petitioner met the respondent no. 4 several times personally and requested him to pass the order for pension to the petitioner. 3.8. The respondents-authorities are sitting tight over the matter and are not deciding the claim of the petitioner for retiral benefit which caused irreparable loss to the petitioner. 3.9. Therefore, the petitioner has filed the present writ petition.;