Chunmun Lal vs U.P. Jal Nigam Lko. Thru. M.D. & ...
2021 Latest Caselaw 9968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- SERVICE SINGLE No. - 17197 of 2021
 
Petitioner :- Chunmun Lal
 
Respondent :- U.P. Jal Nigam Lko. Thru. M.D. & Ors.
 
Counsel for Petitioner :- Vashu Deo Mishra,Abhay Prakash Shukla,Ved Prakash Mishra
 
Counsel for Respondent :- Rishabh Kapoor
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Vashu Deo Mishra, learned counsel for the petitioner and Sri Rishabh Kapoor, learned counsel for the opposite parties.

The present petition has been filed with a limited prayer for a direction to the opposite parties to make payment of gratuity and leave encashment to the petitioner within a stipulated time framed along with payment of interest.

Learned counsel for the petitioner has relied upon two judgments of this court dated 13th September, 2018 passed in writ petition No.26294(S/B) of 2018 and the judgment and order dated 14th February, 2019 passed in writ petition No.4332(S/S) of 2019 also pertaining to the grant of post retiral benefits to the superannuated employees of U.P. Jal Nigam.

Learned counsel for opposite parties have submitted that U.P.Jal Nigam is facing severe financial crunch owing to which payments due to the petitioner could not be made although he admits the liability of U.P. Jal Nigam to make such payment to the petitioner owing to the services rendered by him to the said organization. He has also indicated an order dated 18th February, 2019 passed by the Managing Director of the Jal Nigam indicating time frame for payment of the post retiral benefits to the employees of organization.

However, I am of the view that the petitioner has a fundamental right to his post retiral benefits on account of the services rendered to organization which as per various judgments of the Hon'ble Supreme Court are not a bounty to be disbursed to the sweet will of the employee. Withholding of post retiral benefits to the petitioner is violative of the fundamental rights guaranteed under Article 21 of the Constitution and as such the imposition of time frame by means of the order dated 18th February, 2019 can not be said to be valid. As such granting the benefit of the aforesaid orders to the petitioner, the opposite parties are directed to make payment of the post retirement dues of the petitioner, if there is no legal impediment, within a period of four months from the date a copy of this order is produced before him.

Accordingly, the writ petition stands disposed of finally.

Order Date :- 10.8.2021

Suresh/

[Rajesh Singh Chauhan,J.]