Rajendra Prasad vs State Of U.P. And 2 Others
2022 Latest Caselaw 19384 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- WRIT - A No. - 22155 of 2018
 
Petitioner :- Rajendra Prasad
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Awadh Narain Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

The present writ petition has been filed with the following prayer:

"(i) Issue a writ order or direction in nature of Mandamus and directing to respondent no.2 to consider the case of petitioner regard to grant and release due interest on late payment of retirement benefit by passing appropriate order within specific time in interest of justice accordance with law"

It is submitted by learned counsel for the petitioner that the petitioner has retired from the post of Sub Inspector on 31.1.2016 and thereafter retiral dues of the petitioner comprising of Encashment, G.P.F., Insurance and Commutation and Gratuity, etc. were released by the respondents. However there is inordinate delay in release of retiral dues and as such, petitioner is entitled to payment of interest. In support of his contention, learned counsel for the petitioner has relied upon the judgment of the Apex Court in Vijay L. Mehrotra Vs. State of U.P. reported in 2000 0 AIR (SC) 3513, to submit that in case there is a delay in payment of retiral dues, the interest is required to be awarded.

Learned Standing Counsel submits that the petitioner has not filed any claim for payment of interest of retiral dues before the respondent authority and as such, at this stage, writ of mandamus may not be issued. He further submits that the authority may be directed to consider the claim of the petitioner, in case, any fresh representation is filed.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that petitioner is at liberty to file fresh representation for claiming interest of retiral dues before the respondent No.2 within a period of 15 days from today along with a certified copy of this order. In case such representation is filed, the same shall be considered and decided by the respondent No.2 in accordance with law, within a further period of two months.

With the aforesaid observation/direction, the writ petition is disposed of.

Order Date :- 1.12.2022/D. Tamang