Court No. - 38
Case :- WRIT - A No. - 14811 of 2019 Petitioner :- Nekram Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sushil Kumar Chaturvedi,Manoj Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has retired from the post of Assistant Development Officer, Block Fatehpur Sikri, District Agra on 31.7.2018. Grievance of the petitioner is that though period of more than one year has expired but till date, petitioner's retiral benefits has not been released to him. Pension of the petitioner has also not been given. Submission is that petitioner's salary has been fixed on 8.5.2019, but the benefit due as per law to petitioner is yet to be released.
A perusal of records would go to show that the District Development Officer, Agra has also forwarded papers of petitioner to the Block Development Officer for getting all objections removed in the matter.
Dr. A.N. Singh, learned Standing Counsel states that an appropriate decision would be taken in the matter by the authority concerned, in accordance with law.
Once the petitioner has superannuated in the month of July, 2018, there would be no justification on part of the authority to withhold the retiral benefits of petitioner, particularly when neither any disciplinary inquiry nor any departmental proceeding is pending against the petitioner.
In the facts and circumstances, this writ petition stands disposed of with a direction upon respondent no. 3 to ensure that pension and other retiral benefits found due and payable to petitoner are released within a period of three months from the date of presentation of certified copy of this order. In case the amount is not released by then, petitioner shall be entitled to payment of interest in terms of the applicable Government Order. It shall, however, be open for the respondents, in such eventuality, to determine the guilt of the person, who is responsible for not releasing the aforesaid amount and to recover such amount from the salary of the erring officer, in accordance with law.
Order Date :- 26.9.2019 n.u.