Heard Ms. Savita Jain, learned counsel for the petitioner and Mr. Rishabh Kapoor, learned counsel for the opposite parties.
The contention of learned counsel for the petitioner is that petitioner retired from service on 31.10.2019 while serving on the post of Section Officer. As per submission of learned counsel for the petitioner no post retiral benefits have been paid to the petitioner till date, resultant thereof the petitioner and his entire family has been suffering irreparably.
Sri Rishabh Kapoor, learned counsel for the opposite party has fairly submitted that the post retiral benefits to the petitioner shall be paid with expedition and on account of some financial constraints to the Corporation those benefits could not be paid well in time.
Having heard learned counsel for the parties, I am of the considered opinion that the payment of post retiral benefits to the retiring employees should be made with expedition, if there is no legal impediment. In this case the learned counsel for the petitioner has submitted that there was no legal impediment with the department in making payment of post retiral benefits, therefore, the petitioner should be entitled for the interest strictly in accordance with law.
Accordingly, the writ petition is disposed of finally directing the Chief Accounts Officer, U.P. Jal Nigam, Lucknow to make payment of gratuity and leave encashment to the petitioner within a period of three months along with admissible interest strictly in accordance with law. It is clarified that if the retiral benefits are not paid within aforesaid stipulated time as directed above, the petitioner may also be entitled for penal interest.
Accordingly the writ petition is disposed off.
Order Date :- 11.2.2021 Suresh/ [Rajesh Singh Chauhan,J.]