Court No. - 38
Case :- WRIT - A No. - 11245 of 2019 Petitioner :- Harish Chandra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sarvesh Kumar,Arun Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a Driver and attained the age of superannuation on 31.10.2018. He has approached this Court with the grievance that though a period of more than nine months have expired, but none of his retiral benefits have been released.
Attention of the Court has been invited to the correspondence between the authorities dated 14.6.2019, from a perusal of which it transpires that the issue relating to fixation of petitioner's pension is engaging attention of respondent no.6.
Learned Standing Counsel submits that petitioner's grievance shall be examined by the authority competent, in accordance with law.
Once petitioner has superannuated on 31.10.2018, there would be no justification on part of the authorities concerned to withhold release of retiral benefits to him. Moreover, it appears that petitioner's claim has been forwarded on 29.5.2019 by the authority concerned to the treasury.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.6 to accord consideration to petitioner's claim and to ensure release of retiral dues, including pension alongwith arrears, within a period of three months from the date of presentation of certified copy of this order. A specific order would be passed in case petitioner's entitlement in that regard is disputed. All consequential action would be taken accordingly.
Order Date :- 30.7.2019 Ashok Kr.