Court No. - 38
Case :- WRIT - A No. - 14909 of 2019 Petitioner :- Indal Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Karan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has approached this Court for a direction upon the respondents to award interest on the delayed payment of Group Insurance, Gratuity, Leave Encashment and pension etc. Further prayer is made to return the NSC and to make payment of arrears of pay fixation between 1.8.1972 to 31.7.1980. Arrears of salary for various other part has also been claimed. It is stated that the representation has been made in the year 2015 but no decision has been taken as yet.
Writ Petition is opposed by Shri Sharad Upadhyay, learned State Counsel.
It is not in issue that the petitioner has superannuated in the year 2011. His retiral benefits were paid on different dates between the year 2012 to 2013 and the delay shown in payment of such amount is between ten months to one year and five months. Admittedly, last of such payment was released to petitioner on 20.6.2013. No timely grievance was raised by the petitioner. It is after more than two years that representation has been made and after expiry of further four years, petitioner has approached to this Court.
From the facts that have been placed before this Court, it appears that all retiral benefits on which interest is being claimed has been paid to the petitioner prior to the year 2013. After expiry of more than six years, this Court would not like to entertain the present petition and to direct the respondents to release interest on the aforesaid amount.
So far as arrears of salary for different period is concerned, in case petitioner makes a representation clearly specifying the period for which such amount is due and payable, the respondent no. 3 would examine the claim of the petitioner, within a period of four months from the date of presentation of certified copy of this order. All consequential action shall be taken accordingly.
Order Date :- 27.9.2019 n.u.