Court No. - 43
Case :- WRIT - A No. - 6200 of 2019 Petitioner :- Sudhir Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is permitted to implead Director, Local Bodies, as respondent no.4 in the array of parties to the writ petition. Notice on behalf of newly impleaded respondent no.4 is accepted by learned Standing Counsel.
The petitioner was initially appointed as a Class-IV employee in Nagar Panchayat, Mursan, District Hathras on 01.07.1976. He continued to work as such and was later promoted on a Class- III post. The petitioner was made to retire with effect from 30.06.2018 vide an order of the Executive Officer, Nagar Panchayat dated 25.04.2018. Petitioner's grievance before this Court is that though a sum of Rs.2,00,000/- was paid towards earned leave and also part of the provident fund, but other retiral benefits including pension etc. are not being released. The amount of gratuity payable to petitioner has also not been released.
While entertaining the writ petition, Sri Saurabh Tiwari for the respondent was allowed time to seek instructions. Learned counsel has obtained instructions, according to which petitioner was less than 18 years of age when he was offered appointment. He has stated that certain objections have been raised against the petitioner on account of which his retiral benefits have not been released. It is also stated that issue regarding the petitioner's appointment having been made even before he attained age of 18 years has otherwise been referred to the Director and the matter is pending consideration.
Perusal of the record would go to show that though petitioner was appointed in the year 1976 and he continued to work for more than 40 years, but till he remained in employment, no dispute was raised with regard to petitioner's date of birth or his having secured employment even when he was minor. No proceeding known to law were initiated at that stage.
Counsel for the petitioner submits that after such a long lapse of time these issues ought not to be allowed to be raised at the level of the respondents, inasmuch as the respondents themselves passed specific orders for retiring the petitioner on 30.06.2018 and part of the retiral benefits have also been released.
From the material placed on record, it appears expedient that as the issue is engaging the attention of the Director, Local Bodies, U.P. Lucknow, it would be appropriate to dispose of this writ petition with a direction upon respondent no.4 to finalize the proceedings with regard to release of retiral benefits of the petitioner, within a period of two months from the date of presentation of certified copy of this order. It would be open for the respondents to treat the petitioner's entry into the service at the age of 18 years out to release the benefits that would be due and payable to the petitioner, accordingly. The issue of age objection would also be examined, accordingly. The working period of petitioner would accordingly be restricted from 18 years to the date of superannuation. The working period of petitioner would accordingly. The amount, which is found due and payable to the petitioner, in terms of such determination of the Director, would be released within a further period of three months, thereafter. No recovery, however, would be made from the petitioner of the benefits already extended but his pay etc would be fixed as per the observation made in the order.
Order Date :- 29.4.2019 Jitendra