Heard Ms. Savita Jain, learned counsel for the petitioners and Sri Vishnu Vishwakarma, holding brief of Mr. Rishabh Kapoor, learned counsel for the opposite parties.
By means of the writ petition the petitioners have prayed following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to release entire post retiral dues of petitioners such as amount of gratuity, leave encashment and group insurance etc., expeditiously or within the time stipulated by this Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to release arrears of pension and A.C.P. in respect of petitioner no.2 expeditiously or within the time stipulated by this Hon'ble Court.
(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to make payment of interest on the delayed payment of gratuity and leave encashment at the current market rate from the due date till the actual date of payment."
The contention of learned counsel for the petitioners is that petitioner No.1 is retired from service on 28.02.2020 from the post of Tax Collector and petitioner No.2 on 28.02.2017 from the post of Hand Pump Mechanic but no post retiral dues have been paid to them despite all required formalities have been completed by the petitioners.
Learned counsel for the opposite party submitted that on account of some financial constraints to the corporation the post retiral dues of employees have not been paid with promptness, however, he has assured that if there is no legal imediment in the case of the petitioners, they shall paid their post retiral dues with expedition within a period of three months.
Considering the aforesaid statements of learned counsel for the parties, I do not find any good ground to keep the writ petition pending, therefore, I disposed of this writ petition at the admission stage with directing the concerned authority to make payment of all post retiral dues of the petitioners within a period of three months, if there is no legal impediment, failing which the petitioners may also be entitled for penal interest at the current market rate.
Accordingly the writ petition is disposed off.
Order Date :- 27.8.2021 Gaurav/-