Court No. - 30 Case :- WRIT - A No. - 38643 of 2007 Petitioner :- Ram Prakash Gautam Respondent :- U.P. Sahkari Gram Vikas Bank Ltd. And Others Petitioner Counsel :- Wasim Alam,Anil Kumar Tiwari Respondent Counsel :- Q.H. Siddiqui Hon'ble Rakesh Sharma,J.
Hon’ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State and Sri K.N.Mishra, learned Counsel for the respondent no.4.
By means of the present writ petition, the petitioner has prayed for a writ of
mandamus commanding the respondents authorities to pay all the post retiral
benefits due to the petitioner viz gratuity, insurance, security and leave
encashment etc. alongwith other ancillary reliefs.
It emerges from the records that the petitioner was an employee of
U.P.Sahkari Vikas Bank Ltd. Branch Kashganj, District Etah, who retired
from his services after attaining the age of superannuation on 31.12.2006, at
the time of retirement, departmental inquiry was pending against him as per
the averments made in the counter affidavit and the said enquiry was
concluded on 27.09.2007, in which, the petitioner was not awarded any
punishment except recording the censure entry in his character roll. The
respondents have acknowledged their liability for payment of the aforesaid
post retiral dues in paragraphs no. 15 and 17 of the counter affidavit.
However, the petitioner has been asked to submit an indemnity bond which
according to him, has already been submitted on 16.11.2007.
The grievance of the petitioner is that despite completion of all formalities
and conclusion of the departmental inquiry, he has not been paid the post
retiral benefits admissible to him.
In view of the aforesaid facts and circumstances of the case, this writ petition
is finally disposed of with the direction that the concerned respondents shall
call for the records and to pass an appropriate orders for settling the entire
post retiral dues and make available payment of the same within two months
from the date of production of a certified copy of this order before the
concerned respondents.
As far as the request of the learned counsel for the petitioner with regard to
payment of interest on the post retiral dues is concerned, since the petitioner
has been exonerated from the charges levelled against him on 27.09.2007.
The payment of the post retiral dues has been delayed due to dereliction of the
respondent-employer, therefore, the petitioner may be allowed interest also, as
per policy of the Nationalised Bank on the delayed payment.
Order Date :- 12.7.2010
S.Ali