Court No. - 5
Case :- WRIT - A No. - 5684 of 2021 Petitioner :- Ram Dutt Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Sharma,Nitesh Kumar Singh Counsel for Respondent :- C.S.C.,Shri Ram Pandey
Hon'ble Saral Srivastava,J.
Heard Sri Sanjay Singh, learned counsel for the petitioner and Shri Ram Pandey, learned counsel for the respondents.
This writ petition has been filed by the petitioner, seeking a direction to the respondent to pay his pension dues. In this regard, it has been disclosed that the petitioner retired as Beldar of respondent-Jal Sansthan in September, 2011. Despite sufficient time having elapsed, the petitioner has not been paid his pension.
Learned counsel for the respondents on instructions, which is taken on record, states that the petitioner could not be paid pension because he has not vacated the Government accommodation granted to him while he was in service.
Be that as it may, the rights, if any of the petitioner in the government accommodation occupied by him while he was in service, notwithstanding, there does not appear to be in existence any Rule that may deprive the petitioner of his pension because he continues to be in occupation of certain premises.
Leaving it open to the petitioner to claim his rights for transfer of the accommodation and also leaving it open to the respondent to proceed in accordance with law to obtain eviction of the petitioner from those premises as also for recovery of damages, if any, for prolonged occupation of the premises after his retirement and without making any observation as to the aforesaid rights of the parties, the instant writ petition is allowed with a direction that the respondent no.3 shall proceed to release the arrears of pension and future pension to the petitioner within a period of one month from today.
Order Date :- 28.7.2021 Sattyarth