The need for supportive evidence to ascertain fault in non-compliance with pension regulations and the requirement for completion of formalities for payment of retiral benefits.

( 1 ) HEARD learned Counsel for the parties and perused the record.

( 2 ) THE petitioner was appointed on the post of Safai Karmchari in Nagar Palika Parishad, shikohabad District Firozabad on 1. 8. 1972 on permanent basis. He was issued a notice on 30. 6. 1992 by the then Executive Officer of [he Nagar Palika Parishad informing him that he shall retire from service after three months on 30. 9. 1992. The petitioner accordingly retired from service on 30. 9. 1992. No dues were pending against the petitioner at the time of his retirement. After his superannuation the petitioner moved representations dated 6. 7. 2004 and 17. 11. 2004 for release of his pension and other retiral dues including gratuity, fund and group insurance, but no payment was made to him. Aggrieved the petitioner has come up in this writ petition praying for a writ in the nature of mandamus commanding the respondents 1, 2 and 3 to pay the pension and other retiral benefits as group insurance, provident fund, gratuity and leave encashment etc. to the petitioner.

( 3 ) THE learned Counsel for the petitioner submits that Regulation 13 (2) of the U. P. Nagar Palika (Non-Centralized Service Retirement) Benefits Regulations, 1984 (hereinafter referred to as the regulations) contains a mandatory provision in respect of sanction and payment of pension and other retiral benefits before six months from the date of retirement of an employee of Nagar palika Parishad. Sub-clause (2) of Regulation 13 of the Regulations is as under: (2 ). Akendriyata sewa ko pratyek paddhari ke sewanivriti ke dinank se ek varsh poorva sambaddha vibhagadhyaksh prapatra 6 me uske avedan patra ko aur uski pension aur upaclan se sambandhit anya abhilekhon ko poora karenge aur unhe nagar palika ke lekhakar ko bhejenge. Lekhakar pension aur upadan ki dhanrashi janch karne ke paschat use adhikari ke madhyam se nagar palika board ke adhyaksh ko prastut karegi. Jo pension aur upadan ke patradi ke samiksha karega is patradi ki sanviksha usi reeti se kee jayegi jis reeti se municipal account board ke adhm palika nidhi ke dawi ki pariksha kee jati hai. Adhyaksha is patradi ko padadhikari ki sewa nivriti ke dinank se 6 mah poorva parikshak sthaniya nidhi lekha uttar pradesh ke paas pension aur upadan ki dhanrashi ke satyapan aur pusti ke liye bhejega. Parikshak sthaniya nidhi lekha, uttar pradesh dwara pension aur upadan kee dhan ka satyapan aur pushti kiye jane ke paschat in patradi ko mancial ayukta ke pas pension aur upadan kee sweeknti aur bhugtan ke liye presit kiya jayega.

( 4 ) IT is stated that in spite of the aforesaid mandatory provisions respondent No. 1 has till date neither complied with the aforesaid regulation nor submitted the record and documents pertaining to retirement of the petitioner before respondent No. 2 for sanctioning the pension and other retiral benefits though he was morally and legally bound to submit the same six months prior to the retirement of the petitioner so that the petitioner could have been given pension at the time of his retirement. It is also stated that the petitioner had many times presented himself before respondent No. 1 and requested that if any document is required to be completed he was ready to complete all the formalities.

( 5 ) IT is urged that payment of post-retiral benefits are not dependent upon the discretion of the respondents as retiral benefits are not given by way of grace or bounty or largess. It is a statutory and fundamental right of the petitioner to get his retiral dues under Article 21 of the Constitution, as they are the benefits earned out of his long and devoted services put in by the petitioner with the respondents. The petitioner has a right to live with dignity and non-payment of these dues is hit by Article 21 of the Constitution.

( 6 ) THE petitioner also relied upon para 20 of the judgment rendered by the Constitution Bench of the Honble Supreme Court in D. S. Nakara v. Union of India AIR1983 sc 130 , 1983 (31