Court No. - 18
Case :- WRIT - A No. - 8723 of 2018
Petitioner :- Bhagwan Das
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijendra Deo Mishra Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri B.D. Mishra, learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondent no.1 and Shri Amit Shukla, learned counsel for the respondent nos.2, 3 and 4.
Learned counsel for the petitioner states that the petitioner was working as Assistant Teacher in Purva Madhyamik Vidayalaya Baddhara, Block Barkheda, District Pilibhit. The grievance of the petitioner is that he retired on attaining the age of superannuation on 31.03.2016 but his post retiral benefits have not been paid to him. The petitioner has already filed a representation dated 18.01.2018 before the District Basic Shiksha Adhikari, Pilibhit for redressal of his grievance, which is still pending. He has confined his prayer only to the relief that his representation dated 18.01.2018 may be considered by the appropriate authority.
It is a trite law that the post retiral benefits of an employee should be paid without any delay and if there is any laxity in the payment of post retiral benefits of any employee, he/she shall be entitled for the interest on the delayed payment. Reference may be made to the judgements of the Supreme Court in State of Kerala and others v. M. Padmanabhan Nair, AIR 1985 SC 356, and Vijay L. Mehrotra v. State of U.P. and others, (2001) 9 SCC 687.
Shri Amit Shukla, learned counsel for the respondent nos.2, 3 and 4 has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the District Basic Shiksha Adhikari, Pilibhit to decide the petitioner's representation dated 18.01.2018 in accordance with law within a period of six weeks from the date of production of a certified copy of this order before him.
Order Date :- 28.3.2018
A. Pandey