Court No. - 5
Case :- WRIT - A No. - 10515 of 2021 Petitioner :- Sayed Ahamad Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Amit Krishna Counsel for Respondent :- C.S.C.,Pramod K. Gupta,Tabish Sheikh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State respondent nos.1 to 4 and Sri P.K.Gupta, learned counsel appearing for the respondent nos.5 & 6.
The petitioner has retired from post of Bhishti from the office of Nagar Palika Parishad, Deoband, District Saharanpur on 31.12.2020.
The grievance of the petitioner is that his post retiral dues and some other dues, i.e., arrears of 7th Pay Commission, bonus etc. have also not been paid to him by the respondent authorities. Accordingly, the petitioner has approached this Court praying that a writ of mandamus be issued directing the respondents to release the retiral dues and other dues of the petitioner expeditiously within a time bound period fixed by this Court along with 12% interest till actual payment of the dues.
Sri P.K. Gupta, learned counsel appearing for respondent nos. 5 & 6 on the basis of instructions received, which is taken on record, submits that a number of employees of Nagar Palika Parishad Deoband, Saharanpur have retired and since there is paucity of funds, therefore, the Nagar Palika Parishad Deoband has approached the State Government for release of the funds. He submits that some time may be granted to the respondents to release the dues of the petitioner, accordingly, he prays that six months' time may be granted for the said purpose.
Learned counsel for the petitioner submits that the marriage of the daughter of the petitioner is fixed and because of paucity of funds, the petitioner is not able to perform the marriage of his daughter.
Considering the submissions of learned counsel for the petitioner and also the fact that the marriage of petitioner's daughter is fixed, this Court directs the respondent no.6-Nagar Palika Parishad, Deoband, District Saharanpur to release all the retiral dues, as noted above, to the petitioner within a period of four months from today.
In case, all the dues of the petitioner are not paid within the aforesaid period, the same shall be paid along with 12% interest till the date of payment.
The writ petition is disposed of subject to the observations made above.
Order Date :- 24.8.2021 NS