Allahabad High Court
Mewa Lal vs State Of U.P. And 4 Others on 1 August, 2019
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 10036 of 2019
Petitioner :- Mewa Lal
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Neeraj Kumar Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 23.7.2019:-
"Petitioner has superannuated on 31st of March 2017. His grievance is that for no obvious reason, the amount of gratuity due and payable to him has not been released, although a specific order has been passed by the competent authority. This order has been passed by the Project Director on the basis of a direction issued by this Court on 20.09.2017 in Writ Petition No. 44645 of 2017.
Perusal of the record would go to show that although the order has been passed by the competent authority on 24.04.2018, but till date the amount of gratuity has not been paid to the petitioner. It is unfortunate to note that a retired employee has been forced to approach this Court repeatedly on account of inaction on part of the authority concerned.
Let the Principal Secretary of the Department of Rural Development file his personal affidavit clarifying as to how such arbitrary acts are allowed to be continued forcing the retired employees to approach this Court repeatedly. The Project Director, DRDA shall also file his personal affidavit clarifying as to why his personal responsibility be not fixed and appropriate endorsement be made in the service record for not complying with the directions of this Court.
Similar petitions are otherwise being filed by the retired employees of DRDA and it appears that despite the issue having been resolved the amount of gratuity is being withheld for no justifiable cause.
Let this matter appear once again on 01st August, 2019, as fresh. Salary of respondent nos. 2 and 5 shall not be released till the next date of listing."
In compliance of the aforesaid directions, the Principal Secretary of the Department concerned has filed his personal affidavit. Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar Singh submits that a Government Order has already been issued by the State on 14th May, 2019 allocating requisite amount for release of gratuity to similarly placed persons such as the petitioner. It is also submitted that payment of gratuity was delayed in the present case on account of pendency of a writ petition before the Lucknow Bench wherein initially an interim order was passed in favour of the petitioner but the writ petition has ultimately been dismissed in the year 2018. It is also contended that amount of gratuity, which is found due and payable as per law has already been paid to the petitioner. A similar affidavit has also been filed by the Project Director.
The explanation submitted by the Project Director as well as the Principal Secretary is found to be satisfactory. No further interference is, therefore, required.
Writ petition, accordingly, stands disposed of noticing the stand of the respondents and providing that if there is any short fall in payment of the amount, it shall be open for the petitioner to point out the same to the authority concerned i.e. respondent no.5, who shall examine the same and shall do the needful, expeditiously.
Order Date :- 1.8.2019
Anil
