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Judgment
Hon’ble Pankaj Purohit, J. (Oral)
Petitioner retired from service under respondent nos.2 and 3 on 31.03.2019 upon taking voluntary retirement. Petitioner claimed the benefit of three ACPs, i.e., the first, second, and third ACPs, upon completion of 10, 16, and 26 years of service in the department, respectively, and sought payment of the entire arrears thereof.
Petitioner claimed the benefit of ACPs simply on the ground that the said benefit had been granted to similarly situated persons.
The Co-ordinate Bench of this Court, vide order dated 22.03.2023 passed in WPSS No. 2401 of 2019, directed the Director, State Civil Aviation, Uttarakhand/ respondent no.2, to decide the representation dated 01.01.2019 submitted by the petitioner within a period of ten weeks from the date of production of certified copy of the order dated 22.03.2023.
Learned counsel for the petitioner submits that although the representation was rejected, it was rejected by respondent no.3, whereas the direction issued by this Court was to respondent no.2 to decide the said representation.
In view of the aforesaid, the writ petition is allowed. The order dated 11.08.2023, whereby the representation of the petitioner was rejected by respondent no. 3, is hereby set-aside. Respondent no. 2, i.e., the Director, State Civil Aviation, Uttarakhand, is directed to decide the representation dated 01.01.2019 of the petitioner within a period of two months from today, in accordance with law, by passing a reasoned and speaking order.
Pending application, if any, stands disposed of accordingly.