VIVEK KUMAR MITTAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned standing counsel and perused record.

(2.) THE petitioner was appointed as Junior Plant Protection Assistant in the Department of Agriculture, U.P. on 13.1.1954. Thereafter, he was promoted on the post of Deputy Director Plant Protection and retired from service on 30.11.1990. According to petitioner's counsel, after retirement, petitioner moved an application for payment of post retiral dues. According to petitioner's counsel, the Chief Accountant Officer, Directorate, Agriculture Department is competent authority to release pension and gratuity in accordance with the Government order contained in Annexure No.1 to the writ petition but the pension and gratuity of the petitioner was not released hence he submitted representation to the Director, Agriculture U.P. on 22.2.1991 contained in Annexure No.2 to the writ petition followed by another representation dated 30.5.1991, contained in Annexure No.3 to the writ petition.

(3.) IT appears that since the petitioner failed to receive any response from the respondents, he approached this Court under writ jurisdiction under Article 226 of the Constitution of India challenging the chargesheet dated 4.7.1991 contained in Annexure No.4 to the writ petition.