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IN THE HIGH COURT OF ALLAHABAD
VIVEK CHAUDHARY, J.
Sabhajeet Singh - Petitioner
Versus
State Of U.P. And 4 Others - Respondents
Writ A. No. 5778 of 2023
Decided On : 04-04-2023
Constitution of India, 1950 - Payment of gratuity - Retiral dues - Benefit of relaxation of age - Appointment on the post of Switchman - Respondents may be directed to ensure payment of gratuity, full pension and other consequential retiral dues of the petitioner by giving benefit of relaxation of age to the petitioner with regard to his appointment on the post of Switchman - Court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. (Para 6).
Finding of the court: Representation is moved by petitioner, respondent no.4 shall consider and decide same in accordance with law by a reasoned and speaking order within a period of two months from date a certified copy of this order along with representation is placed before him - In case of failure in payment of admitted dues within aforesaid period, respondents shall also pay interest of 6% on admitted dues to petitioner.
Result: Writ petition is disposed of.
JUDGMENT :
(Vivek Chaudhary, J.)
1. Heard learned counsel for petitioner, Sri Yaswant Singh, learned counsel for respondent no.3 to 5 and learned standing counsel for State.
2. Present writ petition is filed by the petitioner praying that respondents may be directed to ensure payment of gratuity, full pension and other consequential retiral dues of the petitioner by giving benefit of relaxation of age to the petitioner with regard to his appointment on the post of Switchman.
3. Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.
4. Learned counsel for respondents have no objection to the same.
In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.4 Executive Officer, Nagar Nigam Kanpur, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order.
5. In case such a representation is moved by petitioner, respondent no.4 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him. In case of failure in payment of admitted dues within the aforesaid period, respondents shall also pay interest of 6% on the admitted dues to the petitioner.
6. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
7. With the aforesaid directions, the writ petition is disposed of.
Court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
It is made clear that this court has not applied itself on the merits of case and all questions are left open to be considered and decided by competent authority in accordance with law.
Employers are legally bound to settle post-retiral dues promptly upon an employee's retirement.
Entitlement to 6% interest on belated retirement benefits like gratuity and provident fund as per prior Division Bench precedents.
Interest at 6% payable on delayed retirement terminal benefits as per precedents.
6% interest payable on belated retirement benefits following binding precedents.
Entitlement to 6% interest on belated retirement benefits as per binding precedents.
Entitlement to 6% interest on delayed retirement benefits upheld per prior Division Bench precedents.
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