Allahabad High Court High Court

Rais Husain Naqvi vs The State Of U.P.Through The … on 22 July, 2010

Allahabad High Court
Rais Husain Naqvi vs The State Of U.P.Through The … on 22 July, 2010
Court No. - 27

Case :- SERVICE SINGLE No. - 2906 of 2010

Petitioner :- Rais Husain Naqvi
Respondent :- The State Of U.P.Through The
Secy.Revenue U.P. Lucknow
Petitioner Counsel :- Shashi Prakash Singh
Respondent Counsel :- C.S.C.

Hon'ble Devi Prasad Singh,J.

Heard learned counsel for the parties.

Petition under Article 226 of the Constitution of India has
been preferred with the grievance that regular full pension
has not been paid to the petitioner along with other post
retiral benefits. According to petitioner’s counsel, petitioner
attained the age of superannuation in the year 2006 but in
spite of lapse of almost four years regular pension has not
been paid. Petitioner has also claimed that he is entitled for
time scale after completion of 8 years, 14 years and 19
years of service. It is settled law that in case, an employee is
not paid post retiral dues within reasonable time, such
employee shall be entitled for payment of interest.

In view of above, writ petition disposed of finally directing the
Secretary, Board of Revenue to look into the matter and take
a decision with regard to payment of regular pension along
with other benefits by passing a speaking and reasoned
order expeditiously and preferably within a period of two
months from the date of receipt of a certified copy of this
order and communicate the decision to the petitioner. While
deciding the controversy Secretary concerned shall also
consider the petitioner’s case for payment of interest on the
ground of delayed payment of pensionary benefits.

Order Date :- 22.7.2010
Madhu