Ram Narayan Ram vs State Of U.P. And 3 Others
2022 Latest Caselaw 7886 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 17521 of 2021
 

 
Petitioner :- Ram Narayan Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- J.P. Singh
 
Counsel for Respondent :- C.S.C.,Shashi Prakash Rai
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for the petitioner and the learned Standing Counsel.

This writ petition has been filed seeking following reliefs:

"(i) to issue a writ, order or direction in the nature of mandamus commanding the State Government to take decision on the inquiry report dated 27.8.2020 submitted vide Commissioner's covering letter dated 04-08.2020 (copy of letter dated 04-08 2020 is enclosed as Annexure No.23 to this petition) within the time to be specified by the Hon'ble Court;

ii) to issue a writ, order or direction in the nature of mandamus commanding the Respondents to ensure that Petitioner is sanctioned final pension and is the full amount of retirement gratuity with 12% interest within the time to be specified by the Honb'e Court.

(iii) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper and in the circumstances of the case;

(iv) to award costs of the Petition to the Petitioner".

Learned counsel for the petitioner submits that meanwhile inquiry is concluded and he has been exonerated vide order dated 20.4.2022.

Learned Standing Counsel submits that on 1.6.2022, retrial benefits have been sanctioned and it will be disbursed at the earliest.

Learned counsel for the petitioner submits that the petitioner is aggrieved that though the petitioner retired in the year 2012 and now the retiral benefits are sanctioned in the year 2022 i.e. after interference by this court, therefore, petitioner is also entitled for interest and in this regard he has relied upon a judgment of Supreme Court in the case of D.D.Tewari (Dead) through Legal representatives Vs.Uttar Haryana Bijli Vitran Nigam Limited & Ors, (2014) 8 SCC 894 and State of U.P. & Ors Vs. Dhirendra Pal Singh, 2017 (1) SCC 49.

During the pendency of this writ petition, order of exoneration was passed therefore, prayer no. (i) is adequately addressed and thereafter retiral benefits are determined however same are not yet disbursed, therefore, considering D.D.Tewari and State of U.P. & Ors (supra), and in case there is a culpable delay in disbursement of pensionary benefits, respondents shall consider the grievance of petitioner in regard to the interest also. Accordingly, the prayer no. (i) is considered and decided.

This writ petition stands disposed of with above observations.

Order Date :- 25.7.2022

SB