Court No. - 38 Case :- WRIT - A No. - 44578 of 2010 Petitioner :- Ram Vijay Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Ajoy Kumar Banerjee Respondent Counsel :- C. S. C.,Radhika Srivastava Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner as well as Smt. Radhika Srivastava,
learned counsel for the respondents.
Petitioner retired from service in 2005. Petitioner submits that in spite of the
repeated request and reminders to the authorities, payment of retiral benefits
like Provident fund, Gratuity, Group Insurance and other amount has not yet
been paid to the petitioner. Even the Accountant General Office, respondent
No.4 has issued a letter dated 13.02.2008 to the Chief Medical Officer, Ballia
regarding entitlement of certain amount, that is about Two lacs, sixty three
thousand, one hundred one (Rs.2,63,101/-). According to the petitioner the
said amount has also not been paid, reasons best know to the respondent
Nos.2 and 3. Due to inaction of the respondent, petitioner is suffering a great
financial loss and is at the verge of starvation. Hence the present writ petition.
I have considered the submission of the petitioner and perused the record.
There is no dispute to this effect, that petitioner retired from service in 2005.
It is also settled in law that a retired employee is entitled to get all the retiral
benefits within specific period from the date of retirement. About five years
have been passed, but the petitioner has not been provided the amount, for
which he is entitled immediately after the date of retirement.
In such circumstances, I am of the opinion that a mandamus is necessary to be
issued to the respondent No.2 to take a decision regarding payment of retiral
benefits to the petitioner within specific period.
In view of the aforesaid facts and circumstances, this writ petition is being
disposed of finally directing the respondent No.2 to take an appropriate
decision regarding the payment of retiral benefits to the petitioner like G.P.F.,
Gratuity, Group Insurance and other amount within a period of two months
with interest, which is admissible according to law.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 30.7.2010
Pr/-