HAKIM SINGH GAUR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the opposite parties. The instant writ petition has been filed by the petitioner for issuance of a writ, order or direction in the nature of mandamus commanding the opposite parties particularly opposite party no. 2, the Director of Education (Madhyamik), U. P. , Lucknow to refund the amount deducted from the petitioner's pension and other retiral dues together with interest @ of 20% per annum from the date of deduction. The claim of the petitioner is that he had earlier preferred a writ petition for the same relief being Civil Misc. Writ Petition No. 7196 of 1996 which was finally disposed of by this Court by an order dated 04. 03. 1997, by which the Director of Education, Madhyamik, U. P. Lucknow was directed to consider and decide the the petitioner's representation dated 20. 12. 1996. Consequent to the filing of the order dated 04. 03. 1997 by the petitioner before the Joint Director of Education, Kanpur Mandal, Kanpur, opposite party no. 3 the petitioner's representation was rejected by the opposite party no. 3 by an order dated 04. 02. 2000 on the ground that the Director of Education Madhyamik, U. P. Lucknow alone was the competent to grant the relief claimed by the petitioner and, hence, the petitioner may file representation before the opposite party no. 2 through the opposite party no. 3 for ventilating his grievance. Copy of the order dated 04. 02. 2000 has been brought on record as Annexure-2 to the writ petition. Thereafter, the petitioner preferred a representation before the opposite party no. 2 on 03. 05. 2000, copy whereof has been annexed as Annexure-4 to the writ petition. The grievance of the petitioner is that till date, no order has been passed by the opposite party no. 2 on the petitioner's representation. A prayer has been made by the learned counsel for the petitioner that the opposite party no. 2 be directed to take decision on the petitioners' representation dated 03. 05. 2000, copy whereof has been annexed as Annexure-4 to the writ petition, within a reasonable period of time. The learned Standing Counsel appearing for the opposite parties has no objection to the aforesaid prayer. In view of the aforesaid, the writ petition is disposed of finally with a direction to the opposite party no. 2 to consider and decide the petitioners' representation dated 03. 05. 2000 in light of the judgment filed by the petitioner alongwith the representation, copy whereof has been annexed as Annexure-4 to the writ petition, strictly in accordance with law by a reasoned and speaking order within a period of two months from the date of production of certified copy of this order. .