Allahabad High Court
Nagina vs State Of Up And 4 Others on 31 May, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:100209
Court No. - 35
Case :- WRIT - A No. - 8892 of 2024
Petitioner :- Nagina
Respondent :- State Of Up And 4 Others
Counsel for Petitioner :- Rakesh Bhushan Dubey
Counsel for Respondent :- C.S.C.,Sanjay Kumar Om
Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition with the prayer to direct the respondent No.2 to pay the interest on delayed payments of retiral dues.
2. It is argued that while working on the post of Aalekhak-Pralekhak, the petitioner was retired on 31.07.2019, since the post retiral dues were not paid, the petitioner had preferred writ petition being Writ A No.18721 of 2023 (Nagina Vs. State of U.P. and 4 others). The aforesaid order is reproduced hereinbelow:-
The present writ petition has been filed with the following prayer:
"(i) issue a writ, order or direction in the nature of Mandamus commanding the Respondents No.2 & 3 to pay the entire retiral dues i.e. Gratuity, Dearness Allowance, Leave Encashment, Insurance, Pension Arrear from 01.08.2019 to 30.11.2019 etc. alongwith interest in accordance with law of Hon'ble Apex Court."
It is submitted by learned counsel for the petitioner that the petitioner was working on the post of Aalekhak-Pralekhak and has retired on 31.7.2019. However the complete retiral benefits have not been paid to the petitioner. In this respect, representation dated 21.10.2022 has been preferred before the respondent Nos.2 and 3. However till date, no order has been passed.
Sri Praveen Kumar, Advocate holding brief of Sri Sanjay Kumar Om, learned counsel for respondent Nos. 2 to 5 submits that the claim of the petitioner for retiral dues may be considered in accordance with law in a time bound manner.
Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the respondent No. 3 shall decide the representation dated 21.10.2022 of the petitioner in accordance with law, within a period of three months from the date of production of a certified copy of the order.
With the aforesaid observation/direction, the writ petition is disposed of.
3. It is argued by learned counsel for the petitioner that after the aforesaid order was passed, the post retiral dues have been paid to the petitioner on different dates in the year 2023. It is argued that since the aforesaid payments have been made more than lapse of three years, the petitioner is entitled for payment of interest on the same. Learned counsel for theh petitioner placed reliance upon the judgment dated 20.05.2016 passed by this Court in the case of Yogendra Singh and others Vs. State of U.P. and others reported in 2017 1 AllJ 121.
4. On the other hand learned counsel for the respondent-Jal Nigam argued that in case the petitioner will file fresh representation ventilating all his grievances before the concerned respondent, he will consider the same and pass appropriate orders in the matter expeditiously.
5. Heard learned counsel for the parties and perused the record.
6. In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present petition has been disposed of directing the petitioner to move fresh representation before the concerned respondent along with certified copy of this order within a period of three weeks. In case, the petitioner will file fresh representation within the aforesaid period, the concerned respondent will pass appropriate orders on the same most expeditiously and preferably within a period of six weeks thereafter strictly in accordance with law.
7. Since the writ petition has been decided on an ex-parte version without seeking any response from the respondents, thus the passing of the order today may not be construed to an expression that this Court has gone into the merits of the matter and the concerned respondent shall accord independent consideration strictly in accordance with law and the mandate of law holding the field.
Order Date :- 31.5.2024
saqlain
