Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate and Assistant Solicitor General of India assisted by Sri Anand Dwivedi, learned counsel appearing for the respondents.
The petitioner, who was removed from service on 25.1.2016, is before this Court contending that despite the order of this Court dated 20.12.2018 passed in Writ Petition (S/S) No.33757 of 2018 In re: Kamlesh Kumar vs. Union of India and others, a copy of which is Annexure-2 to the writ petition, and despite a contempt petition having been filed for compliance of the said order, he has not been paid the entire retiral dues.
On the other hand, Sri S.B. Pandey, learned Senior Advocate and Assistant Solicitor General of India, on the basis of instructions, submits that the petitioner has already been paid the Risk Fund of Rs.35,338/- and New Pension Scheme amount of Rs.1,40,954.34P. It is contended that no further amount is payable to the petitioner.
Learned counsel for the petitioner submits that apart from the aforesaid amount of Risk Fund and New Pension Scheme, the petitioner is entitled for payment of E.P.F., P.F. and certain other amount. Learned counsel for the petitioner submits that in this regard, the petitioner may be permitted to submit a comprehensive representation to the respondent No.3 and the respondent No.3 may be directed to decide the same in accordance with the relevant rules and regulations with regard to payment of dues to a removed employee within a fixed time frame.
To the aforesaid prayer of the petitioner, learned counsel for the respondents has no objection.
Accordingly, without entering into the merits of the claim of the petitioner, the present petition is disposed of giving liberty to the petitioner to submit a comprehensive representation for payment of his alleged dues within a period of two weeks from today. In case such a representation is made then the respondent No.3 shall consider and decide the same strictly in accordance with the relevant rules and regulations by means of a reasoned and speaking order within a period of 8 weeks from the date of filing of representation along with a certified copy of this order.
Order Date :- 30.8.2019 Rakesh (Abdul Moin, J.)