Heard Sri Deepak Singh, learned counsel for the petitioner. Sri Rishab Kapoor appears on behalf of the opposite parties.
The present petition has been filed with a limited prayer for a direction to the opposite parties to make payment of gratuity and leave encashment to the petitioner within a stipulated time framed along with payment of interest.
Learned counsel for the petitioner has relied upon two judgments of this court dated 13th September, 2018 passed in writ petition No.26294(S/B) of 2018 and the judgment and order dated 14th February, 2019 passed in writ petition No.4332 (S/S) of 2019 also pertaining to the grant of post retiral benefits to the superannuated employees of U.P. Jal Nigam.
Learned counsel for opposite parties have submitted that U.P.Jal Nigam is facing severe financial crunch owing to which payments due to the petitioner could not be made although he admits the liability of U.P. Jal Nigam to make such payment to the petitioner owing to the services rendered by them to the said organization. He has also indicated an order dated 18th February, 2019 passed by the Managing Director of the Jal Nigam indicating time frame for payment of the post retiral benefits to the employees of organization.
Learned counsel for the respondents also contends that there are various employees who are still waiting for payment of their retiral dues and have not approached this Court.
Law is well settled that the Court can not come to the rescue of those persons who sleep over their rights and in case said persons have not approached this Court consequently the petitioner cannot be deprived of getting his retiral dues even when admittedly the same have still not been paid to the petitioner by the respondents.
However, I am of the view that the petitioner has a right to his post retiral benefits on account of the services rendered to organization which as per various judgments of the Hon'ble Supreme Court are not a bounty to be disbursed on the sweet will of the employee. Withholding of post retiral benefits to the petitioner is violative of the rights guaranteed under Article 21 of the Constitution and as such the imposition of time frame by means of the order dated 18th February, 2019 can not be said to be valid. As such granting the benefit of the aforesaid orders to the petitioner, the opposite parties are directed to make payment of the post retirement dues of the petitioner within a period of four months from the date a copy of this order is produced before him along with a fresh representation.
The writ petition stands disposed of.
Order Date :- 30.7.2019 A. Katiyar