Uttarakhand High Court
WPSB/375/2021 on 26 August, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
THE HON'BLE SRI JUSTICE R.C. KHULBE
WRIT PETITION (S/B) NO. 375 OF 2021
26TH AUGUST, 2022
BETWEEN:
Gajendra Singh Bhadauria .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioner : Mr. Anil K. Joshi, learned counsel.
Counsel for the Respondent nos.1 and 2: Mr. B.P.S. Mer, learned Brief
Holder.
Counsel for the Respondent nos.3 and 4: Mr. Ravi Babulkar, learned
counsel.
The Court made the following:
JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)
The limited grievance of the petitioner, as raised in
this writ petition, is with regard to payment of interest on
delayed payment of his GPF, and group insurance amount
from the date of his retirement, i.e. from 27.07.2017 till the
actual date of payment prescribed in Rule 11 of the
Uttarakhand General Provident Fund Rules, 2006.
2. It appears that the petitioner had retired on
27.07.2017 at the age of 60 years. The petitioner was,
however, desirous to continue in service till the age of 62
years. He knocked the door of this Court without any success.
Only thereafter, the petitioner provided the requisite
documentation to the respondent-College for computation of
retiral dues that he was entitled to. Since the same were not
paid, he has again approached this Court.
3. Learned counsel for the petitioner has drawn the
attention of this Court to the counter-affidavit filed by
respondent no.1, i.e. State of Uttarakhand. In Paragraph No.9
of the counter-affidavit, respondent no.1 has stated as
follows:-
"9. That, in reply to the contents of Para No.26 of
the writ petition, it is submitted that, the Government is
ready to pay to the petitioners, the interest from the
date of their retirement to the date of actual payment at
the prescribed rate, on the amount paid after retirement,
under rule 24(4)(5)(a) of the Uttarakhand General
Provident Fund (Amendment) Rules, 2017. The
Government has given direction to the Director, Higher
Education for payment of interest from the date of
retirement to the date of actual payment at the
prescribed rate, on the amount paid after retirement vide
Letter No.833/XXIV-C-3/2021-5(22)2021, dated 29th
September, 2021.
On dated 06.10.2021, the Director, Higher
Education sent letter to the Principal, DAV (PG) College,
Dehradun/ Drawing and Disbursing Officer of the
petitioner to calculate the interest from the date of
retirement to the date of actual payment, at the
prescribed rate.
Payment of interest will be made immediately as
soon as the calculation sheet is received from the
Drawing and Disbursing Officer".
4. Learned counsel for respondent nos.3 and 4
submits that respondent no.3 is an aided college. He submits
that prior to the date of petitioner's superannuation, he was
asked to submit the requisite information with regard to
release of his GPF amount, which he did not do, as he was
hopeful of getting two years' extension. Therefore,
respondent-College is not responsible for the delay in release
of the amount due to the petitioner which, in any event, has
to be released by the State. He submits that the liability
towards interest should, therefore, not be saddled on
respondent no.3.
5. Learned Brief Holder appearing for State-
respondent nos.1 and 2, has drawn the attention of this Court
to the communication dated 06.10.2021, sent by the
Director, Higher Education to respondent no.4 requiring
furnishing of certain information. He submits that this
information has still not been provided.
6. Learned counsel for respondent nos.3 and 4
submits that the information would be provided, as desired,
within next one week, even if the same has already been
provided earlier.
7. Upon the information being provided, respondent
nos.1 and 2 are directed to pay the interest on the delayed
payment of GPF and group insurance amount from the date
of retirement till the date of payment to the petitioner in
terms of Paragraph No.9 of the counter-affidavit of
respondent no.1 within four weeks.
8. Petition stands disposed of in the aforesaid terms.
(VIPIN SANGHI, C.J.)
(R.C. KHULBE, J.)
Dated: 26th August, 2022
NISHANT
