JUDGMENT :

(1) This Special Appeal has arisen out of the judgment/order rendered by the Writ Court in Writ-A No.5341 of 2012 on 01.03.2023. By means of the impugned judgment, the Writ Court has allowed the writ petition with a further direction to pay retiral dues along with interest @ 7% per annum up to the actual payment made. Four months period was granted for making compliance of the judgment passed. The appellants, namely, U.P. Jal Nigam have come up against the aforesaid judgment in the present intra-court appeal filed under Chapter VIII Rule 5 of the High Court Rules.

(2) Learned counsel for the appellants has submitted that the respondent-petitioner had retired from service from the post of Junior Engineer on 30.04.2010. This fact was not disputed by the appellants before the Writ Court as well. It appears that a show cause notice was issued on 16.03.2011 against the respondent-employee alleging therein some irregularities on the strength of certain communications which were made from 2009 to 2010 while he was in service.

(3) In these circumstances, the case at hand is a c