Court No. - 58
Case :- WRIT - A No. - 13020 of 2018 Petitioner :- Sarman Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Daya Shankar Srivastava Counsel for Respondent :- C.S.C.,Chandrakesh Rai
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed seeking following relief:-
"(i). issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the petitioner his retiral benefits i.e. pension and amount of his insurance as well as salary for the period since 09-04-2013 to 30-06-2013 (from the date of suspension to the date of retirement) alongwith up to date interest @12% forthwith."
It appears that just prior to his superannuation, certain disciplinary proceedings were initiated against the petitioner on the charge that petitioner had unauthorizedly encroached upon Gaon Sabha land. An enquiry report has been submitted in favour of the petitioner and the petitioner was also reinstated on 15th December, 2014. It is stated that till date the authorities have not processed petitioner's claim for release of retiral benefits.
Sri C.K. Rai appearing for the District Basic Education Officer, Jhansi, states that petitioner has been repeatedly asked to appear before the authority and fulfill the formalities required for processing of his retiral claim, but the petitioner has not appeared. Attention of the Court has been invited to a letter dated 16.4.2015 sent by the Block Education Officer.
In the facts and circumstances, noticed above, this writ petition stands disposed of by providing as under:-
(i). Petitioner shall appear before the District Basic Education Officer, Jhansi, alongwith certified copy of this order, within two weeks from today.
(ii). Formalities, which are required to be completed at the petitioner's end would be got conducted, within a week, thereafter.
(iii). Petitioner's claim for release of retiral benefits shall be processed, within three months, thereafter.
(iv). The amount found due and payable shall be released to the petitioner, within a further period of two months, thereafter, failing which the petitioner would be entitled to payment of interest at the rate of 8% per annum. It shall be open for the authorities to determine and realize the amount of interest from the person, who is found responsible and guilty for causing uncalled for delay.
Order Date :- 31.5.2018 Anil