Mahmood Ahmad vs State Of U.P. And 2 Others
2022 Latest Caselaw 6583 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 7526 of 2022
 

 
Petitioner :- Mahmood Ahmad
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Neeraj Kumar Tripathi
 
Counsel for Respondent :- C.S.C.,Vijay Bahadur Maurya
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned standing counsel for respondent No. 1 and Sri Vijay Bahadur Maurya, learned counsel for respondent Nos. 2 & 3.

Present petition has been filed seeking following relief:-

"A). Issue a writ, order or direction in the nature of mandamus commanding and directing to respondent No. 2 for pay arrears of salary of the Assure Carrier Progression (A.C.P.) in favour of petitioner along with interest as applicable within a period to be fixed by this Hon'ble court."

Learned counsel for the petitioner submitted that petitioner was initially appointed on 12.03.1981 as Safar Nayak and ultimately superannuated from service on 31.07.2013. After retirement, he has been paid all retiral dues except ACP for which he has filed representation dated 13.04.2022 before respondent No. 2 and thereafter filed present petition. This Court vide order dated 18.05.2022 has sought instruction from counsel appearing for respondent Nos. 2 & 3 upon which payment was made to petitioner on 17.05.2022 without interest. It is next submitted that payment so made itself shows that petitioner was not at fault, therefore, he is also entitled for interest. Lastly, it is submitted that a direction may be issued to respondent No. 2 to pay the interest of petitioner within a stipulated time.

Sri Vijay Bahadur Maurya, learned counsel for respondent Nos. 2 & 3 submitted that for payment of interest, petitioner may file representation before respondent No. 2 and in case any such representation is filed, the same shall be considered and decided at the earliest.

In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to move fresh representation alongwith certified copy of this order before respondent No. 2 within two weeks from today for payment of interest. In case any such representation is filed, respondent No. 2 is directed to pay the interest within six weeks at the rate of 8% from due date to the date of actual payment in light of judgment of this Court in the matter of Yogendra Singh and 2 others Vs. State of U.P. and 5 others, reported in 2016 0 Supreme(All) 3978 and Renu Gupta Vs. State of U.P. and 5 others passed in Writ-A No. 14397 of 2019, decided on 24.10.2019.

However, in case, payment has not been made due to any fault on the part of petitioner or any other legal impediment, respondent No. 2 shall pass reasoned order within the same time.

It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order after considering the relevant Rules as well as facts of the case.

Order Date :- 12.7.2022

Sartaj