Court No. - 4
Case :- WRIT - A No. - 33582 of 2017 Petitioner :- Shiv Muni Ram And 16 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ishwar Kumar Upadhyay Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
The grievance of the petitioners is that under the order dated 23.01.2017, the Joint Director has issued an order to the District Social Welfare Officer, Ballia directing for refund of the payment of principal amount of arrears of Assistant Teachers who have retired from primary schools of scheduled caste category which has already been received in the account though there was already a letter dated 25.10.2016 by the District Social Welfare Officer, Ballia seeking guidance as to whether the amount has to be returned along with the interest or not because the amount has been received in the account with interest.
The argument in a nut shell is that once the guidance has been sought under the letter dated 25.10.2016 by the District Social Welfare Officer, Ballia from the Director then the Director ought to have considered this aspect of the matter of interest as well.
Per contra, the argument advanced by Sri Sanjay Chaturvedi, learned counsel appearing for respondent nos. 5 & 6 and learned Standing Counsel for rest of the respondents is that the petitioner could not have any grievance if there is an order already for payment of GPF and so far interest is concerned, he can approach the authority concerned who shall consider the same and address his grievance and may pass an appropriate order in the matter. A direction simplicitor could have been issued in this case for consideration of the grievance of the petitioner, but this Court cannot loose site of the fact that once the interest has also been received on a principal amount in the accounts of District Social Welfare Officer, Ballia by the State Government then the Director on his own cannot unilaterally direct only for payment of simple GPF money. The law of interest is well clear, it becomes due on the delayed payment of the principal amount, if the principal amount is delayed for no fault of the recipient or the beneficiaries, then they are entitled for payment of interest as well.
In view of the above, let the matter be examined afresh by the Director, Social Welfare, U.P., Lucknow as to why the petitioner should be denied interest over and above the principal amount of GPF money when the money has been received in the account of District Social Welfare Officer, Ballia along with interest. The Director shall pass a reasoned and speaking order assigning reasons for the decision that will be taken in the matter. He shall pass appropriate order strictly in accordance with law in the light of observations made herein above within a period of three months from the date of production of certified copy of this order.
Writ petition disposed of with the aforesaid observations and directions.
Order Date :- 30.11.2018 IrfanUddin