Heard Sri Mohd. Shameem Khan, learned counsel for the petitioner and Ms. Parul Bajpayee, learned Standing Counsel for the State-respondent.
By means of the writ petition the petitioner has prayed the following relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to pay the post retiral service benefits like Pension, Gratuity, Group Insurance and Rashikaran etc., to the petitioner.
(ii) Issue a writ order or direction in the nature of Mandamus commanding and directing the opposite parties to pay the 18% interest per annum on the delayed payment of the post retiral service benefits from the date its due till the date of the actual payment is being made by the opposite parties."
Learned counsel for the petitioner has contended that the petitioner retires from service on 31.08.2020 from the post of Head Assistant and he has completed all the required formalities on 26.12.2020 but no required exercise has been carried out by the competent authority. The petitioner has preferred a representation dated 15.02.2021 pursuant to which the relevant papers by the petitioner was sent to the competent authority on 20.03.2021. Vide letter dated 31.03.2021 (Annexure No.5) some requirements has been sought from the department by the Joint Director, Pension, Basti Division, Basti regarding making payment of retiral dues of the petitioner but such requirements has not been fulfilled by the department.
Learned counsel for the petitioner has also submitted that No Due Certificate has been issued to the petitioner and no departmental enquiry was pending against him at the time of retirement, therefore, making delay for paying the post retiral dues to the petitioner is an unwarranted act of the opposite parties, therefore, direction be issued to the opposite parties to pay the retiral dues i.e., Pension, Gratuity, Group Insurance and Rashikaran etc. Considering the aforesaid statements of learned counsel for the petitioner, I do not find any good reason to keep the writ petition pending any more and at the stage of admission I am directing the opposite party nos.3 and 4 to make the payment of entire post retiral dues to the petitioner preferably within a period of eight weeks, if there is no other legal impediment, failing which the petitioner shall be entitled for penal interest @ 8%. It is needless to say that the petitioner shall be entitled for the interest on the delayed payment for post retiral dues, if it is prescribed under the Act/Rules.
Writ petition is finally disposed of.
Order Date :- 26.8.2021 Gaurav/-