Court No. - 6
Case :- WRIT - A No. - 14864 of 2020 Petitioner :- Dr. Rakesh Bhooshan Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gyanendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Petitioner superannuated from service on 30.06.2015. The retiral benefits to the extent of Rs. 11,05,680/- were withheld for a period of four years four months and thirteen days. The petitioner claims that he is entitled to interest for the aforesaid delay in payment of dues, on the foot of the law laid down by the Hon'ble Supreme Court in Dr. Uma Agarwal Vs State of U.P. and others reported at 1999 (3) SCC 438.
Petitioner has made a representation in this regard. The representation has not been decided till date. The only prayer made by Sri Gyanendra Kumar Mishra, learned counsel for the petitioner is that the representation may be decided within a stipulated period of time.
Per contra, learned Standing Counsel submits that grant of interest is a matter of fact and law and has to be decided in the first instance by the competent authority. Though he fairly submits that the authorities are under an obligation of law to grant such benefits in an expeditious time frame.
In the wake of the preceding discussion this Court finds that the representation of the petitioner for grant of interest has to be decided within a reasonable period of time.
Without going into the merits of the claim the matter is remitted to the respondent no. 2, Director, Medical Health Service Directorate, Lucknow U.P. A writ in the nature of mandamus is issued commanding respondent no. 2, Director, Medical Health Service Directorate, Lucknow U.P. to execute the following direction:
(i) The respondent no. 2, Director, Medical Health Service Directorate, Lucknow U.P. shall decide the representation of the petitioner for grant of interest in delayed payment, preferably within a period of four months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad along with a fresh copy of the representation and supporting documents, if any.
The computer generated copy of such order be self attested by the petitioner (party concerned) along with 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 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.
With the aforesaid direction the writ petition is disposed of.
Order Date :- 7.1.2021 Pravin