Court No. - 5
Case :- WRIT - A No. - 9865 of 2021 Petitioner :- Ramji Rai Respondent :- M/D Uttar Pradesh Jal Nigam And 4 Others Counsel for Petitioner :- Raj Mohan Saggi,Santoshprad Rai Counsel for Respondent :- Pranjal Mehrotra,Sunil Kumar Dubey
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Vikas Rastogi (Adv.Roll No. A/V 0232/2012) holding brief of Sri Sunil Kumar Dubey, learned counsel for respondents.
By means of this writ petition the petitioner has prayed for issuing a direction to respondents for payment of entire post retiral benefits except GPF namely gratuity, leave encashment, group insurance etc. to the petitioner along with 18% interest within stipulated period as provided by this Court.
Co-ordinate Bench of this Court on 11.08.2021 passed following order:
"Petitioner has retired on 30.9.2019. His grievance is that the amount of gratuity, leave encashment and group insurance have not been paid to him so far.
Law is settled that payment of retiral benefits is the entitlement of an employee for the past services rendered and is not a bounty. Such benefits cannot be withheld indefinitely.
There is prima-facie no justification for denial of such benefit for so long. Post as fresh on 6.9.2021, showing the name of Sri Sunil Kumar Dubey as counsel for the respondent in order to enable him to obtain instructions. All efforts would be made to clear of the pending dues and inform the Court on the next date fixed."
Sri Vikas Rastogi, learned counsel for the respondents on instruction, given by respondent no.3, states that entire dues shall be paid to the petitioner within three months from today.
In view of statement made by learned counsel for the respondents, the writ petition is disposed of with a direction to respondent no.3 to release all the retiral dues of the petitioner within a period of three months from today.
In case, retiral dues of the petitioner has not been released within aforesaid period, the same shall carry simple interest @ 10% per annum from the date retiral dues has become due till the date of its payment.
Order Date :- 20.9.2021 Mohit