Court No. - 38
Case :- WRIT - A No. - 11159 of 2019 Petitioner :- Ram Khilari Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had retired from service in the year 2012. He has been paid his retiral dues in the year 2016. His claim for payment of interest on delayed release of retiral benefits has been rejected by the authority concerned vide order impugned dated 2.5.2019. This order records that petitioner was required to vacate the official premises soon after his superannuation but he did not vacate the same and it was only in the month of March, 2018 that the premises occupied by the petitioner was vacated. It is stated that for such reasons, retiral benefits were not paid and that no interest is payable to be paid upon the delayed release of retiral dues.
Facts, as have been recorded in the order dated 2.5.2018, are not in issue. It is only when the petitioner vacates the premises that his a no objection certificate would be issued and his retiral benefits could be released. Non-payment of retiral benefits to the petitioner, therefore, is attributed to an act on part of the petitioner himself. Petitioner, therefore, would not be entitled to any interest as the delay caused was attributed to his own conduct. Merely because house rent etc. has been paid later on, would not mean that the petitioner is entitled to be paid interest upon delayed payment of retiral dues.
Writ petition fails and is accordingly dismissed.
Order Date :- 26.7.2019 n.u.