Court No. - 38
Case :- WRIT - A No. - 13400 of 2019 Petitioner :- Shivraj And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashank Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 12.9.2019:-
"It is stated that though petitioners have retired in the year 2018 and 2019 but their retiral benefits have not been paid to them.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 20.9.2019."
Learned Standing Counsel has obtained instructions from the District Magistrate, Farrukhabad, according to which petitioners were initially appointed as Seasonal Collection Amin and their services were regularized on 31.1.2003. It is stated that apart from the petitioners various other persons were also regularized and later an issue was raised as to whether there existed sufficient number of post, against which the petitioners could be regularized. The matter was examined and although no interference with the regularization has been made but a writ petition has been filed before this Court against such order being Writ Petition No.7536 of 2003. It is on account of pendency of this writ petition that the authorities have withheld release of retiral benefits to the petitioners. It is also pointed out that certain objections were raised by the Accountant General's office, in respect of which the matter requires necessary clarification at the level of State Government, and as the matter is pending at that level, retiral benefits cannot be released. Instructions of the District Magistrate are taken on record.
From the facts that have been brought on record, it is apparent that petitioners were regularized in the year 2003 and such regularization subsists even as on date. Petitioners have completed their tenure and have superannuated. Merely because a writ petition is filed against the regularization order would not be a ground to deny release of retiral benefits, clearly when no order etc. has been passed against them. Action of the respondents in withholding petitioners' retiral benefit, therefore, cannot be approved of.
Writ petition, consequently, succeeds and is allowed. A direction is issued to the respondents to ensure release of all retiral benefits to the petitioners, within a period of four months from the date of presentation of certified copy of this order, failing which the petitioners would also be entitled to interest at the rate of 8% per annum. It would be open for the respondents to recover the amount of interest from the salary of person, who is found responsible for not releasing the retiral benefits in terms of this order.
Order Date :- 30.9.2019 Anil