Court No. - 36
Case :- WRIT - A No. - 10386 of 2021 Petitioner :- Birendra Kumar Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Islam Ahmad,Raj Kumar Prajapati Counsel for Respondent :- C.S.C.,Sant Ram Sharma
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, Shri Devesh Vikram, learned Standing Counsel for the State respondent no.1 and Shri Sant Ram Sharma, learned counsel for the respondent nos.2 and 3 In pith and substance, the petitioner is before this Court with a request to issue direction commanding the respondents to pay his pension/gratuity Rs.8,03,088/-, leave encashment Rs.2,00,000/- and insurance amount of Rs.19,014, total Rs.10,22,102/- alongwith accrued interest within some stipulated time.
The petitioner was working as Assistant Clerk in Nagar Panchayat, Attarra, District Banda. The grievance of the petitioner is that he retired on 31.5.2020 but his entire post retiral benefits have not been paid to him.
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.
Taking into consideration the facts and circumstances of the case, in my view the end of justice would be met by issuing a direction upon the respondents to consider the cause of the petitioner and pass appropriate order expeditiously. In case there is any legal impediment in payment of the post retiral benefits the concerned officer shall pass a speaking and reasoned order expeditiously preferably within four months from the date of communication of this order, if it has not been decided earlier.
The writ petition is, accordingly, disposed of. There shall be no order as to costs.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 RKP