Court No. - 2
Case :- WRIT - A No. - 8901 of 2018 Petitioner :- Sitare Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Agrawal, Counsel for Respondent :- C.S.C., Mahesh Narayan Mishra
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Ravi Agrawal for the petitioner, Standing Counsel for State and Sri M. N. Mishra for respondent-3.
In the facts of the case, Sri M. N. Mishra does not propose to file counter affidavit. With the consent of the parties the writ petition is decided finally.
The writ petition has been filed against the order of Secretary, District Co-operative Bank, respondent-3 dated 19.2.2018 withholding the post retiral dues of the petitioner.
A perusal of the impugned order shows that post retiral dues of the petitioner has been withheld due to reason that during service period of the petitioner, loans have been granted to various members of the society ,which could not be recovered and that the loan accounts had been declared as "Non Performing Assets" (NPA) , therefore, the petitioner was directed to get the loan realize from the 16 account holders, who had committed default, thereafter his post retiral dues could be paid.
I have considered the arguments of the counsel for the parties and examined the records.
It is clear from the impugned order that the petitioner has already retired from service on 31.10.2017. Thus it is not possible for the petitioner to take any step for realizing the dues of the aforesaid loan account. So far as giving loan to the members of society is concerned, it is the business of the bank and the petitioner was merely discharging his statutory duty. If the loan account holders have committed default then also the post retiral dues of the petitioner cannot be withheld for this reason. It is admitted that during service period of the petitioner, no disciplinary proceeding has been initiated against him as such his post retiral dues cannot be withheld after his retirement, which has been held by Supreme Court in Dev Prakash Tewari Vs. U.P. Cooperative Institutional Service Board, Lucknow and others, 2014 (7) SCC 260 as well as Division Bench of this Court in Writ A No. 60056 of 2013 (Ved Mohan Bhatnagar Vs. State of UP and others) decided on 26.5.2016.
In the results, the writ petition succeeds and is allowed. The order of Secretary, Cooperative Bank, respondent-3 dated 19.2.2018 is hereby set aside. The respondent authority is directed to pay the entire post retiral dues of the petitioner within a period of two months from the date of producing a certified copy of this order. The interest due to delayed payment shall also be paid to the petitioner at the rate of 9% per annum as held by Supreme Court in D.D. Tewari (D.) Thr. Lrs. Vs. Uttar Haryana Bijli Vitran Nigam Ltd. and others, 2014 AIR (SC) 2861 and Harijan Paniben Dudabhai Vs. State of Gujrat and others, 2016 AIR (SC) 3066.
Order Date :- 29.3.2018 Rahul /-