Court No. - 18
Case :- WRIT - A No. - 6571 of 2018 Petitioner :- Somwati Devi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vimal Chandra Mishra Counsel for Respondent :- C.S.C.,Ram Chandra Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to implead District Basic Education Officer, District Bareilly as party respondent no.5 to the writ petition forthwith.
Heard learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondent nos. 1 and 2 and Shri Ram Chandra, learned counsel for the respondent nos.3, 4 and 5.
The petitioner is before this Court with request to issue direction to the fifth respondent i.e. District Basic Education Officer, Bareilly to release the entire pensionary benefit of her husband in her favour within stipulated time and for directions to decide her representation dated 6.11.2017.
Learned counsel for the petitioner states that the husband of the petitioner was working as Headmaster in Primary School Purusaulee, Block Bahedi, District Bareilly and he died in harness on 30.4.2009 but his pensionary benefits have not been paid to her. The petitioner has already filed a representation dated 6.11.2017 before the respondents for redressal of her grievance, which is still pending. He has confined his prayer only to the relief that the petitioner's representation dated 6.11.2017 may be considered by the appropriate authority.
Shri Ram Chandra, learned counsel for the respondents has no objection to the said prayer.
It is a trite law that the post retiral benefits of an employee should be paid without any delay and if there is any laxity in the payment of post retiral benefits of any employee, he/she shall be entitled for the interest on the delayed payment. Reference may be made to the judgements of the Supreme Court in State of Kerala and others v. M. Padmanabhan Nair, AIR 1985 SC 356, and Vijay L. Mehrotra v. State of U.P. and others, (2001) 9 SCC 687.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the District Basic Education Officer, Bareilly to decide the petitioner's representation for payment of pensionary benefit of her husband in accordance with law within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 23.2.2018 RKP