Court No. - 43
Case :- WRIT - A No. - 6791 of 2019 Petitioner :- Ramesh Chandra Dubey Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashok Kumar Lal Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was employed as Joint Commissioner & Joint Registrar, Devipatan Mandal, Gonda and has attained the age of superannuation on 31.12.2016. A day prior to his superannuation, disciplinary proceedings were initiated against him. Petitioner responded to the charge-sheet and ultimately an enquiry report was submitted exonerating him of all the charges levelled. The State Government has ultimately dropped the disciplinary proceedings vide order dated 10th January, 2018. Grievance of the petitioner is that his retiral benefits have not been processed and released in its entirety, and various benefits including pension, gratuity, group insurance, leave encashment etc. have been paid only in part. Submission is that despite repeated representations made, the authorities are not taking appropriate decision in the matter.
Learned Standing Counsel states that the appropriate authority would take a decision in the matter.
Once the disciplinary proceedings initiated against the petitioner have been dropped, there would apparently be no justification for the authorities not to release withheld retiral benefits to the petitioner within a reasonable period. Petitioner has superannuated on 31st December, 2016 and period of more than two years has expired.
This petition is, therefore, disposed of with a direction upon respondent no. 1 to get the petitioner's grievance examined at the appropriate level and to pass a needful order within a period of two months from the date of presentation of a certified copy of this order. The withheld amount which is found due and payable to the petitioner shall be released, positively within a period of six weeks, thereafter, failing which the petitioner would also be entitled to interest @ 8% per annum. It would be open for the respondents to have the amount of interest recovered from the salary of the officer, who is found responsible for not ensuring release of such amount in compliance of the directions issued in this matter.
Order Date :- 30.4.2019 Ranjeet Sahu