Remote Sensing Applications ... vs Dr. Shiv Pal Singh Jadon
2023 Latest Caselaw 21787 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:53640-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 575 of 2023
 

 
Appellant :- Remote Sensing Applications Centre Lko. Thru. Director And Others
 
Respondent :- Dr. Shiv Pal Singh Jadon
 
Counsel for Appellant :- Sharad Pathak
 
Counsel for Respondent :- Gaurav Mehrotra,Abhineet Jaiswal
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

C.M.A. No.1 of 2023 (Application for condonation of delay)

1. Heard Shri Sharad Pathak, learned Counsel for the appellants and Shri Gaurav Mehrotra along with Shri Abhineet Jaiswal, learned Counsel for the respondent.

2. The present special appeal instituted under Chapter VIII Rule 5 of the High Court Rules is delayed by 37 days. The appeal is accompanied with an application for condonation of delay supported by an affidavit.

3. Learned Counsel for the respondent does not have any objection if delay of 37 days in filing the special appeal is condoned.

4. Cause shown being sufficient and in absence of any objection, the application for condonation of delay is allowed and the delay in filing the instant appeal is hereby condoned.

Order on Appeal

5. This special appeal is directed against the judgment/order dated 30.05.2023 rendered by the learned Single Judge in Writ -A No.4142 of 2023 whereby the writ petition has been disposed of with a direction to release the post retirement dues along with interest at the rate of 7% per annum.

6. It appears that some amount paid in excess to the respondent herein without any fault attributed to him as regards fixation of pay was sought to be recovered after his retirement. Non-payment/deduction of the said payment out of post retiral dues gave rise to the writ petition before this Court. Since the very action of recovery was resorted to against the respondent after his retirement, therefore, the Writ Court having regard to the settled position of law has directed for the release of post retiral dues along with interest at the rate of 7% from the due date.

7. It is not in dispute that action of withholding the post retiral dues was resorted to after retirement of the respondent and such an action being impermissible in view of the judgment of Hon'ble Apex Court in the case of State of Punjab & others Vs. Rafiq Masih (White Washer) & others, (2015) 4 SCC 334 was rightly disapproved by this Court in exercise of writ jurisdiction and, therefore, we do not find any error in the direction so issued.

8. At this stage, learned Counsel for the appellants has argued that even if the direction issued for the release of post retiral dues may be liable to be affirmed, however, the interest directed to be paid by the appellant may be exempted.

9. The period of delay in the release of post retiral dues, in our opinion, is not very long. Therefore, while rejecting the present appeal arising out of the judgment impugned, we exempt the appellants from making payment of the interest as ordered by the learned Single Judge and affirm the impugned judgment with the above modification.

10. The special appeal is, accordingly, disposed of.

(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)

Order Date :- 11.8.2023

Anand Sri./-