Court No. - 39
Case :- WRIT - A No. - 20862 of 2019 Petitioner :- Surendra Kumar Nigam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- C.S.C.,Sant Ram Sharma
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.12.2019:-
"Grievance of the petitioner is that though petitioner has superannuated on 30.06.2018 but none of his retiral benefits have been processed and released.
Learned Standing counsel may obtain instruction. Put up tomorrow i.e. 19.12.2019 as fresh."
Sri S. R. Sharma, learned counsel appearing for the respondent Nagar Panchayat concerned submits that certain original records are not traceable and that is why petitioner's retiral benefits appear to have been withheld. It is stated that in case petitioner cooperates in tracing out such records, the authorities shall ensure release of withheld retiral benefits.
In the facts and circumstances of the present case, this Court finds that no disciplinary action has been initiated against the petitioner, and therefore, it is not permissible for the respondents to withhold retiral benefits.
In such circumstances, it would be appropriate to dispose of this petition with the direction that petitioner shall appear before the respondent no.5 alongwith certified copy of this order on 6.1.2020 and he shall offer assistance to the authorities in tracing out the records which are said to be not traceable. The authority concerned shall ensure that all withheld retiral benefits of petitioner are released within a further period of two months, thereafter, failing which petitioner would also be entitled to interest @ 8% per annum.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 19.12.2019 Ashok Kr.