Court No. - 6
Case :- WRIT - A No. - 14455 of 2020 Petitioner :- Shomi Lata Shahi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sujeet Kumar,Chhaya Gupta Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present writ petition was filed alleging that the petitioner, after retirement, has not been paid GPF amount as well as arrears on account of increase in salary to which the petitioner is entitled.
A counter affidavit has been filed, in which it has been stated in Paragraph No. 7 as under:
"That in reply to the contents of paragraph no. 7 of the writ petition, it is submitted that the suitable reply has already been given in the preceding paragraphs. However, it is submitted that the Respondent No. 4 has already rectified the wrong fixation and fixed the salary and pension of the petitioner in accordance with rule. However, it is submitted that after getting due approval from the office of the Accountant General, Allahabad, the payment of arrears have also been paid to the petitioner vide Token No. 6821024299 dated 06.02.2021 by the Firozabad Treasury. Photocopy of the payments slip of the Arrears is being filed herewith and marked as ANNEXURE NO. CA-8 to this counter affidavit."
With regard to GPF, the stand taken by the respondents is contained in Paragraph No. 8 of the counter affidavit.
A perusal of Annexure No. CA-9 of the counter affidavit shows that the amount of GPF, as claimed by the petitioner, has been paid along with interest calculated upto March, 2019.
The claim of the petitioner is that the said amount, even as per the counter affidavit, was paid on 17.2.2021, thus, the petitioner is entitled to interest with effect from April, 2019 upto 17.2.2021, which has not been paid. Similarly, the petitioner argues that in terms of the statements made in Paragraph No. 7 of the counter affidavit, the difference on account of correction of salary has been paid but no interest has been paid thereon. The amount, as paid to the petitioner, is contained in Annexure No. CA-
8. The said amount paid to the petitioner is Rs. 1,20,109/- and the petitioner claims that she is entitled to interest on the said amount of Rs. 1,20,109/- from the day when the said amount was payable till mistake was realised, and the amount was paid on 6.2.2021.
The said claim of the petitioner, as recorded above, merits acceptance. Accordingly, the respondents are directed to pay interest at the rate of 6% per annum from April 2019 upto 17.2.2021 on the amount of Rs. 13,599,34/-. Similarly, the respondents shall also pay the interest on Rs. 1,20,109/- from the date the amount fell due till actual payment at the rate of 6% per annum.
The said amount, as directed above, shall be paid to the petitioner within a period of three months from the date of approaching of the petitioner before the Respondent No. 4/concerned authority.
The writ petition stands disposed off in terms of the said order.
Order Date :- 24.9.2021/vinay