[2011(2) ADJ 608 (DB)]
ALLAHABAD HIGH COURT
BEFORE : S.P. MEHROTRA AND PANKAJ MITHAL, JJ.
RAJESHWAR SWARUP GUPTA ...Petitioner
Versus
STATE OF U.P. AND OTHERS ...Respondents
(Civil Misc. Writ Petition No. 52100 of 2005, decided on 1st December, 2010)
By the Court.—The present Writ Petition has been filed making the following prayers:
“(a) Issue a Writ, order or direction in the nature of mandamus directing the respondents to pay 18% per annum interest on the pension and retiral benefits i.e. pension, gratuity, GPF and other dues from 1.8.1988 to the actual date of payment and the amount of GIS arrears of pay of the petitioner within a forth-night in order the petitioner may be benefited during his life time.
(b) Issue a Writ, order or direction in the nature of mandamus directing the respondents to pay compensation for the physical and mental agony equivalent to the interest of retirement benefits.
(c) Issue any other suitable Writ, order or direction to the respondents which this Hon’ble Court may deem fit and proper in the circumstances of the case.
(d) To award the cost of the Writ Petition to the petitioner from the contesting respondents”.
2. From the averments made in the Writ Petition, it transpires that the petitioner served as an Officer of the Provincial Civil Services (Executive), and at the time of his retirement on 31.7.1988, the petitioner was posted as the Regional Manager of U.P. State Food and Essential Commodities Corporation Limited, Moradabad.
3. In paragraph No. 7 of the Writ Petition, the petitioner has, inter alia, stated that the petitioner had submitted the requisite papers of pension before the respondent Nos. 3 and 4 for payment of pension, gratuity and other retiral benefits in time.
It is, inter alia, further stated in paragraph No. 7 of the Writ Petition that the respondent Nos. 3 and 4 did not complete the requirement of pension papers in time, and they delayed for about four years in submitting the same before the respondent No. 2.
4. It is,inter alia, further stated in paragraph No. 9 of the Writ Petition that after receiving the pension papers from the respondent Nos. 3 and 4 by the respondent No. 2, the same were wrongly sent to the Directorate of Pension, Lucknow for sanction, and the same were returned with the instructions dated 8.12.1992 that for the sanction of pension and other retiral benefits, the papers should be sent to the Accountant General, Allahabad.
5. It is further stated in the Writ Petition that the petitioner made several representations for payment of pension and other retiral benefits but nothing was done in the matter.
6. In paragraph No. 15 of the Writ Petition, it is stated by the petitioner that he sent a letter dated 11.9.1999 (Annexure No. 7 to the Writ Petition) to the Deputy Secretary, Niyukti -2 Anubhag, U.P. Government, Lucknow, inter alia, requesting the latter to provide information asked for by the Accountant General, Allahabad (respondent No. 5).
7. In paragraph No. 16 of the Writ Petition, the petitioner has stated as under:
“That after passing a period of about 12 years from the date of retirement i.e. 31.7.1988 without any interest paid the retiral benefits by the respondents as under :
Details of Sri Rajeshwar Swarup Gupta, PCS Selection Grade (Retd) date of retirement 31.7.1988.
Sl. No. Particulars Amount paid Date of payment.
1. Gratuity Rs. 65175/- 9.12.2000
2. Pension Rs. 717499/- 9.12.2000
3. GPF 90% Rs. 23224 /- 9.3.2001
4. Detained
arrears of pay Rs. 26040 / - 14/15.6.2001
Cheque Anubhag Karyalay Prokost Rs. 10720
Detained at the date of —
State Government Rs. 20/- P.M. w.e.f. 1966 to 1968 plus interest
Employee Rs. 40 p.m. w.e.f. 1969 to 3.9.1987 plus interest
Group Insurance Scheme Rs. 80/- p.m. w.e.f. 4.9.1987 to 31.7.1988 plus interest.”
8. It will, thus, be noticed that while the petitioner retired on 31.7.1988, the payment of gratuity was made on 9.12.2000, payment of pension was made on 9.12.2000, payment of 90% GPF was made on 9.3.2001 and payment of 10% GPF was made on 14/15.6.2001.
9. Thus, retiral benefits have been paid to the petitioner after an inordinate delay of about 13 years. Certain other payments, as mentioned in paragraph No. 16 of the Writ Petiti
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