Court No. - 2
Case :- WRIT - A No. - 7480 of 2021 Petitioner :- Ram Keshav Vishwakarma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsels for the parties.
Learned Standing Counsel has received instructions. As factual matrix, inter se, parties has not been disputed, on the consent of the parties, the petition is disposed of at the admission stage.
The petitioner, Assistant Teacher, in an Intermediate Institution and under the grant-in-aid of the State, retired on attaining the age of superannuation on 30.06.2015.
The balance retiral dues at Rs. 2,53,280/- was not released, consequently, petitioner approach this Court by filing the instant writ petition. Immediately, thereafter, fourth respondent released the amount on 16.08.2021. Hence, petitioner confines his relief to interest on delayed payment.
On specific query, learned Standing Counsel has not disputed that the amount was due to the petitioner, no specific reason has been assigned as to why the amount was withheld by the respondent. The only reason assigned by fifth respondent- District Inspector of Schools, District- Deoria, in his instruction is that due to pandemic, the amount could not be released.
Having regard to the fact that petitioner retired in 2014 and the pandemic infected the State much later, petitioner is entitled to interest @ 6.5% on delayed payment of retiral dues at Rs. 2,53,280/- for the period from 30.06.2015 to 16.08.2021. It is directed that the respondents to compute and release the interest within one month from the date of filing of copy of this order. Failing which, petitioner shall be entitled to 8% interest from the due date.
The writ petition is allowed.
Order Date :- 23.9.2021 Rameez