Court No. - 26
Case :- WRIT - A No. - 13200 of 1990
Petitioner :- Sri Krishana Pandey
Respondent :- State
Petitioner Counsel :- Sabhapati Tiwari,Ramesh Chandra
Respondent Counsel :- V.K. Singh,A.K. Singh,S.C.
Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
The writ petition was filed for the following reliefs:-
(i) “to issue writ, order or direction in the nature of mandamus
commanding the respondents to pay the provident fund money, the
Insurance money, gratuity leave, encashment money etc and pension
payable to the petitioner in accordance with law together with arrears of
pension and penal interest which the petitioner is entitled to get;
(ii) to issue a writ, order or direction in the nature of writ of mandamus
commanding the respondent Nos. 2 to 4 to pass appropriate orders
determining the amount of pension payable to the petition per month;
(iii) to award costs of the petition.”
When the counter affidavit was filed, then it was transpired that
major portion of the amount of retiral benefit has already been paid
to the petitioner but the interest thereupon on delayed payment of
the retiral benefit has not been paid. A prayer has already been
made by the petitioner at the time of filing of the writ petition.
Now it has to be seen that which amount was paid on a particular
date and the interest has to be calculated accordingly. In such a
situation, it will be appropriate that the petitioner is given a liberty
to approach respondent Nos. 3 and 4 by making a detailed
representation annexing a chart of the payment and the date of
entitlement as well as the date of payment and the interest claimed
thereunder. If such representation is filed within a period of one
month by the petitioner before respondent Nos. 3 and 4, in that
circumstance, respondent No. 3 is directed to consider the same
and pass appropriate orders regarding entitlement of interest of the
petitioner on delayed payment of retiral benefit. A specific and
detailed order in accordance with law shall be passed by the
competent authority within a period of four months from the date
of presentation of the certified copy of this order and the
representation.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 4.1.2010
V.Sri/-