Court No. - 58
Case :- WRIT - A No. - 15849 of 2018 Petitioner :- Markanday Mishra Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Ishwar Chandra Tyagi,Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing Writ Petition No.56014 of 2016, which was disposed of by following orders passed on 25.11.2016:-
"The petitioner's grievances is for payment of house rent allowances, dearness allowances and other allowances from the period i.e. 1974 to October, 1999.
It is contended that the petitioner was reinstated and joined on 7.10.1999 giving benefit of continuity of service w.e.f. the date of termination.
By the order dated 16.12.1999 as an interim measure pay-scale of Rs. 3050-75-3950-30-4590 (for basic pay-scale of Rs. 3050/-) with allowance was approved as service records were not complete.
The petitioner had continued and retired on 31.1.2008. No final decision regarding the pay-scale to which the petitioner is entitled, has been taken till date.
Only prayer made by the petitioner is to issue a direction to respondent no. 2 to look into the matter and do the needful.
To this submission, learned Standing Counsel has no objection.
The writ petition is, therefore, disposed of with the direction to respondent no. 2 namely the Director, Civil Defence Directorate, U.P. Lucknow, to look into the claim of petitioner and take a decision regarding payment of admission allowance/revision of pay scale etc. in accordance with law."
The authorities have examined the grievance of petitioner and released the withheld amount of Rs.52,873 in the year 2018. The authorities, however, have not taken any decision in the matter relating to grant of interest.
Learned counsel for the petitioner submits that petitioner had retired in 2008 and there was no justification on part of the respondents for withholding part of the retiral dues for almost 08 years.
In such circumstances, this writ petition stands disposed of with a direction upon the respondents to release interest at the rate of 8% per annum, from the date such amount became due and payable to petitioner till it has actually been paid, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 31.7.2018 Anil