Court No. - 6
Case :- WRIT - A No. - 3173 of 2019 Petitioner :- Govind Nath Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Trivikram Singh,Ajay Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri J.S. Bundela learned Standing Counsel.
The sole prayer addressed on this petition is for the payment of interest @ 18% on what the petitioner claims to be delayed disbursal of retiral benefits. It is contended that although the petitioner retired in 2000, the last payments were made by the respondents only in 2016 and that consequently in light of the law laid down by a learned Judge of the Court in Yogendra Singh Vs. State of U.P. (Writ-A No. 23639 of 2016) [2016 LawSuit (All) 3850] the payment of interest is raised.
Learned Standing Counsel at the very outset submits that the claim of the petitioner for interest for the period 2016-19 cannot possibly be countenanced since the same would be an issue which should have been raised at that time itself and that the petitioner cannot claim interest for this period on account of his own delay.
However since only the issue of interest on delayed payment is raised and since the respondents are yet to take a final decision in this respect, the ends of justice would merit this petition being disposed of leaving it open to the petitioner to represent his case before the competent authority which may take a decision on this aspect in the first instance.
Learned Standing Counsel appearing for the third respondent states that subject to verification of all facts and contentions on merits being left open, the claim of the petitioner for payment of interest on delayed disbursal of retiral benefits shall be duly attended to by the said respondent and disposed of in accordance with law and preferably within a period of four months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above.
Order Date :- 28.2.2019 faraz