Court No. - 38 Case :- WRIT - A No. - 38957 of 2010 Petitioner :- Bhagwat Saran Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Kumar Dwivedi Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
The petitioner who was an employee, retired from service after
attaining the age of superannuation in the year 2008. The GPF
amount has been given to the petitioner but pension and gratuity
amount has not been paid, in spite of the repeated requests and
representations. According to the petitioner, reasons best known
to the respondents, as to why the gratuity amount and pension has
been withheld and that too without any order. Due to such inaction
on the part of the respondents, petitioner is approaching this Court
for issuing a writ of mandamus commanding the respondents to
pay the retiral dues to the petitioner for which the petitioner is
legally entitled.
After considering the submissions of the parties, this writ petition,
in my opinion, can be disposed of finally directing the competent
authority to take a decision regarding payment of gratuity and
pension to the petitioner if it has not already been paid, within a
period of two months according to law from the date of production
of certified copy of this order. A specific decision to that effect be
taken by respondents no.2 and 3. In case the respondents-
authorities come to the conclusion that this amount has wrongly
been withheld, then while making the payment, the interest
admissible according to law, be also paid to the petitioner.
With this directions the writ petition is disposed of .
No order is passed as to costs.
Order Date :- 8.7.2010
V.Sri/-