Allahabad High Court
Uma Shankar Yadav vs State Of U.P. And 3 Others on 11 August, 2022
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 11822 of 2022
Petitioner :- Uma Shankar Yadav
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Durga Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Varma,J.
Heard counsel for the petitioner and learned Standing counsel for respondent nos.1, 2 and 3.
The instant writ petition has been filed seeking following reliefs:-
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 (Director of Higher Education U.P. Prayagraj District Prayagraj) to pay G.P.F. of the petitioner.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 (Director of Higher Education U.P. Prayagraj District Prayagraj) to decide the application of the petitioner for payment of G.P.F. Rs.416,149.00/-.
III. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Prayagraj) to pay with interest to the petitioner.
Counsel for the petitioner submits that the husband of the petitioner was appointed on the post of Library Clerk on 1.2.1993 at a college named as Janta Degree College Parson Etah. The said college is affiliated to Dr. B.R.A. University Agra District Agra. The petitioner retired from the said post on 31.7.2020. It is submitted that the petitioner is entitled for post retiral dues. The other retiral dues have been paid to the petitioner except the amount of G.P.F. For redressal of the said grievance the petitioner has preferred a representation before Director of Higher Education U.P. Prayagraj District Prayagraj, respondent no.2 on 22.9.2021 (Annexure-3 to the writ petition) which has remained pending till date. Counsel for the petitioner has placed reliance upon judgment of division bench of this Court dated 22.4.2016 passed in Writ Petition No. 36005 of 2014. The relevant portion of the judgment is extracted hereinbelow:
"Admittedly, G.P.F. and pension was required to be released immediately upon the date of retirement which had not been done. Further in spite of the direction of the Court, the payment was not released within the stipulated period and the same was released in phases as indicated aforesaid.
The Supreme Court has held that pension is not a bounty but a right of a government servant and if there is a delay in the payment of post retiral dues then interest becomes payable as held in Dr. Uma Agarwal vs. State of U.P. and another, 1999 3 SCC 438 and again in Smt. Madhuri Devi vs. State of U.P. and others, 2001 9 SCC 687. In Shripati Tripathi vs. State of U.P. and others, 2011 (1) ESC 357 (All), a Division Bench of this Court held that interest is payable on arrears of salary and other retirement benefits. The Writ Court awarded 12 per cent simple interest per annum.
In the light of the aforesaid decisions and in view of the fact that there was no fault on the part of the petitioner and the entire fault lay with the department, we, accordingly, allow the writ petition and quash the impugned order.
A writ of mandamus is issued directing the respondents to pay interest at the rate of 8 per cent per annum within six weeks from the date of production of a certified copy of this order."
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending. The claim of the petitioner shall be considered by respondent no.2 Director of Higher Education U.P. Prayagraj District Prayagraj and appropriate orders shall be passed in accordance with law.
In the facts and circumstances of the case, without entering into the merits and with the consent of the parties, direction is issued to the respondent no.2, Director of Higher Education U.P. Prayagraj District Prayagraj to decide the representation of the petitioner dated 22.4.2016 (Annexure-3 to the writ petition) by reasoned and speaking order in accordance with law expeditiously, preferably within a period of three months from the date of production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of.
Order Date :- 11.8.2022
S.S.
