Court No. - 38 Case :- WRIT - A No. - 39593 of 2010 Petitioner :- Balmukund Pandey Respondent :- Settlement Officer Consolidation Mirzapur & Others Petitioner Counsel :- Arvind Kumar Pandey Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
The petitioner retired from service after attaining the age of
superannuation but certain amount was deducted from the fund
and gratuity of the petitioner. The petitioner submitted a
representation after representation and in 2006, the Settlement
Officer (Consolidation) has sent a letter to the Additional Director
(Pension) that payment be made to the petitioner. According to the
petitioner in spite of the aforesaid fact, the amount which was
deducted from the gratuity to the tune of Rs.29,190/- including
interest and revised pension has not been paid to the petitioner.
I have considered the submissions made on behalf of the parties.
Though there is delay on the part of the petitioner in approaching
the Court but as the retiral benefit like deduction from the gratuity
and revised pension of the petitioner is in dispute, therefore, taking
a very sympathetic view, this Court dispose of the writ petition
directing respondent no.2 to take a decision by a speaking and
reasoned order regarding payment of deducted amount of gratuity
with interest as well as refund of the pension to the petitioner
within a period of 6 weeks from the date of production of certified
copy of the order. While considering the claim of the petitioner,
the letter dated 26.12.2006 sent by the Settlement Officer
(Consolidation) will also be taken into consideration.
The writ petiton is disposed of accordingly.
No order is passed as to costs.
Order Date :- 12.7.2010
V.Sri/-