Allahabad High Court
Smt. Vimla Devi vs State Of U.P. Prin. Secy. Deptt. Of ... on 17 May, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 1363 of 2019
Petitioner :- Smt. Vimla Devi
Respondent :- State Of U.P. Prin. Secy. Deptt. Of Basic Education & Ors.
Counsel for Petitioner :- Ashok Shukla
Counsel for Respondent :- C.S.C.,Shivam Sharma
Hon'ble Rajesh Singh Chauhan,J.
This Court has passed the order dated 22.01.2019 as under:-
"Heard Sri Alok Singh Chauhan, holding brief of Sri Ashok Shukla, learned counsel for the petitioner. Notices for opposite parties no.1 and 2 have been accepted by the office of learned CSC. Sri Shivam Sharma has put in appearance for opposite parties no.3 & 4.
By means of this petition, the petitioner has prayed the following relief:-
"To issue a writ, direction or order in the nature of mandamus commanding the opposite parties to make the payment of monthly pension, gratuity, GIS, leave encashment and salary for the month of February and March 2018 together with interest at the market rate (18% per annum) w.e.f. 1.4.2018 the date these were due to be paid to the date these are actually paid to her."
Sri Shivam Sharma has submitted that since the petitioner is claiming her post retiral benefits including pension, therefore, Director, Pension Directorate, Lucknow should be impleaded in the array of opposite parties. On that, learned counsel for the petitioner has prayed that he may be permitted to implead, Director, Pension Directorate, Lucknow as opposite party no.5.
The aforesaid request is accepted and learned counsel for the petitioner is permitted to implead Director, Pension Directorate, Lucknow as opposite party no.5 and notice of that be provided to the learned Addl. Chief Standing Counsel.
Sri Shivam Sharma has submitted that as per Rules, if the employee has not completed his or her service up to the age of 60 years, he/ she cannot get gratuity, therefore, the petitioner, who retired at the age of 59 years, is not entitled for gratuity as per Rules. He has further submitted that so far as other retiral benefits i.e. provident fund, leave encashment, group insurance etc. are concerned, provident fund has already been paid to the petitioner and necessary formalities at the end of opposite parties no.3 & 4 for making payment of leave encashment and GIS have been completed. However, he prays for and is granted one week's time to seek instructions in the matter and file short counter affidavit.
Learned Addl. Chief Standing Counsel also prays for and is granted a week's time to seek complete instructions in the matter.
List this petition on 28.1.2019 as fresh."
Sri Shivam Sharma, learned counsel for the opposite party Nos.3 & 4 has filed the short counter affidavit on behalf of opposite party No.3.
As per the short counter affidavit, the papers of the teachers who retired on 31.03.2018, have been sent to the Additional Director, Treasury and Pension, Pension Directorate,Lucknow for approval. The papers of the petitioner has also been sent along with the letter dated 17.12.2018 (Annexure No.SCA-1).
Learned counsel for the petitioner has further submitted that the date of birth of the petitioner is 05.02.1958 and as per the Annexure No.3 of the writ petition the date of voluntary retirement of the petitioner has been indicated as 31.03.2018.
The submission of learned counsel for the petitioner is that however the petitioner had given an application for seeking voluntary retirement but the petitioner retired from service on 31.03.2018 as is being shown in the attendance register, which has been annexed as Annexure No.5 to the writ petition. Therefore, the petitioner has discharged her duties till 31.03.2018 and on that date the petitioner was more than 60 years of age.
Therefore, in view of the above, it appears that the prayer of the petitioner so made in the writ petition may be granted.
However, Sri Shivam Sharma prays for and is granted 24 hours time to seek complete instructions in the matter.
List this petition on 23.05.2019 in the additional cause list to enable Sri Shivam Sharma to seek complete instructions in the matter. The learned Additional Chief Standing Counsel may also seek instructions in terms of order of this Court dated 22.01.2019 particularly on the point when the relevant pension papers have already been sent to the Directorate, Treasury then why the petitioner has not been paid the amount of pension and the retiral benefits.
Order Date :- 17.5.2019
Suresh/
[Rajesh Singh Chauhan,J.]
