Court No. - 39
Case :- WRIT - A No. - 14016 of 2019 Petitioner :- Sudama Prasad Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- C.S.C.,Ravindra Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has retired from the employment of Ganna Vikas Parishad, Khadda, Kushingar on 31.10.2015 but his retiral benefits have not been paid so far. He has approached this Court for a direction upon the respondents to release all withheld retiral benefits.
A short counter affidavit has been filed on behalf of the respondents stating that all retiral benefits due and payable to petitioner have been released to him.
Learned counsel for the petitioner, in reply, submits that amount of general insurance and interest on the withheld amount has not been paid to the released to petitioner till date.
Learned counsel for the respondents submits that amount of insurance has to be paid by the Life Insurance Corporation and that the claim of petitioner in that regard has already been processed and forwarded to the competent authority.
This Court finds that though substantial amount of retiral benefits was released soon after petitioner's retirement but some of the retiral benefits has been disbursed to petitioner only in the year 2019. Learned counsel for the petitioner is justified in contending that on the delayed release of retiral benefits in the year 2019 petitioner would be entitled to payment of interest.
It is, therefore, provided that petitioner would be paid simple interest at the rate of 7% per annum on the withheld retiral benefits, which have been released to the petitioner in the year 2019. Amount of interest would be computed and released, within a period of three months from the date of presentation of certified copy of this order. Respondents shall also ensure that petitioner's claim for release of insurance is actively pursued so that the amount due also gets released within the aforesaid period, together with interest, at the rate specified in the scheme.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 26.11.2019 Ashok Kr.