-1- Court No. - 4 Case :- SERVICE BENCH No. - 652 of 2006 Petitioner :- Brijendra Kumar Tyagi Respondent :- State Of U.P.Through Prn.Secy.Agriculture And 2 Others Petitioner Counsel :- Pushpila Bist Respondent Counsel :- C.S.C. Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Heard Miss Pushpila Bist, learned counsel for the petitioner and the
learned Standing Counsel.
The petitioner has filed this writ petition for a writ of mandamus
commanding the respondents to make the payment of Gratuity, General
Provident Fund as well as the arrears of the Dearness Allowance to the
petitioner and also the interest @18% per annum on the delay in making
the payment.
The petitioner retired as Director, Agriculture Government of U.P. on
31.8.2004. His service benefits were withheld on the report of Finance
Controller in the department. In paragraph-3 of the Counter Affidavit of
Sri K. B. Singh, the present Director, Agriculture it is stated that
subsequently, the sanction has been given for payment of gratuity of
Rs.3,17,017.00 (Rupees three lacs seventeen thousand seventeen). An
amount of of Rs.32,983.00 (Rupees thirty two thousand nine hundred
eighty three) was withheld on account of some recoveries pertaining to the
excess expenditure in awarding contracts, on purchase of intercom and
irregular payment on the purchase of Copper Matting.
Learned counsel for the petitioner states that after filing of the
contempt petition for compliance of the order of the Court to decide the
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representation even this amount of Rs.32,983/- (Rupees thirty two
thousand nine hundred eighty three) was released by pension payment
order dated 21.05.2007 and that now only an error needs to be rectified for
payment of GPF dues for which a representation has already been made.
Learned counsel for the petitioner further states that no justification has
been given to withhold the retiral dues and that the subsequent release of
all the dues on its own, would make the petitioner entitled to interest by
way of compensation.
The respondents have not given any justification in their counter
affidavit for withholding the retirement benefit and also Rs.32,983/-. There
is absolutely nothing on record to attribute the delay to the petitioner. We,
therefore, find that the petitioner is entitled for simple interest on the
amount of Rs.3,17,017.00 (Rupees three lacs seventeen thousand
seventeen) which was released on 28.12.2006 and further on an amount of
Rs.32,983/-(Rupees thirty two thousand nine hundred eighty three) for
which the pension payment order was issued on 21.05.2007 @8% per
annum, which the petitioner would have otherwise earned by putting it in
the fixed deposit in any nationalised bank at the relevant time. So far as the
error in the General Provident Fund account is concerned, the competent
authority will decide the representation within a period of six weeks from
the date of receipt of certified copy of this order.
The writ petition is partly allowed to the extent of relief given as
above.
Order Date :- 5.1.2010
VNP/-