Court No. - 18
Case :- WRIT - A No. - 8996 of 2018 Petitioner :- Chandra Bhanu Rai Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Pankaj Rai,Namit Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Pankaj Rai, learned counsel for the petitioner and learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to fourth respondent.
The petitioner is before this Court for a direction to respondents to pay the petitioner his post retiral benefits along with 18% interest.
The much is reflected from the record in question that the petitioner was appointed as Assistant Teacher in the institution in question by the management after following due procedure of law vide appointment letter dated 11.10.1981. Once salary was not paid to him, he filed Original Suit No.787 of 1984 in which no interim order was passed by the court concerned. Aggrieved with the same he preferred Misc. Civil Appeal No.126 of 1985, which was allowed on 24.12.1987. In compliance of the said order, the petitioner was paid his salary till his superannuation on 31.03.2016. It is submitted that the respondents never challenged the said order before any forum. During the said period the petitioner also get the benefit of merger of CT Grade into LT Grade and thereafter get the benefit of selection grade as and when it becomes due. After his attaining the age of superannuation the petitioner's post retiral benefits are kept pending and only amount deposited in GPF has been paid to him. The petitioner has made several representations in this regard but of no avail. It is contended that the appointment of the petitioner was made on a substantive vacancy and he was superannuated on 31.03.2016 after rendering about 35 years of service but due to pendency of the said original suit the department seems to be sitting over the post retiral benefits, which cannot be said to be justified by any stretch of imagination.
Learned counsel for the petitioner in support of his submissions has placed reliance on a decision rendered by Hon'ble Supreme Court in D.S. Nakara & Ors. v. Union of India, (1983) 1 SCC 305. He has also placed reliance on the judgment dated 7.3.2018 passed in Writ-A No.5737 of 2018 (Ishrat Jahan v. State of U.P. & Ors.) wherein in similar circumstances the Court has proceeded to pass positive order and as such it is prayed that similar indulgence may also be accorded in this writ petition also.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the competent authority to decide the claim of the petitioner in accordance with law and in view of the judgments cited above expeditiously and preferably within two months from the date of production of certified copy of this order.
Order Date :- 30.3.2018 SP/