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IN THE HIGH COURT OF ALLAHABAD
PRAKASH PADIA, J.
Madan Gopal @ Madan Gopal Mishra – Petitioner
Versus
State of Uttar Pradesh and Others – Respondents
Writ (A) No. 8371 of 2024
Decided On : 24-05-2024
MANDAMUS - POST RETIRAL DUES - The court addressed the issue of unpaid post-retiral dues, emphasizing the obligation of the employer to settle such dues promptly upon retirement. The court's decision was influenced by the respondents' undertaking to pay the dues within three months, highlighting the legal expectation for timely payment of gratuity, provident fund, and other retirement benefits.
Fact of the Case:
The petitioner, a former D.G. Operator at Kisan Sahkari Chimi Mills Ltd., sought a writ of mandamus for the release of his post-retiral dues after his retirement on 31.03.2024.
Finding of the Court:
The court noted the respondents' commitment to pay the dues within three months, leading to the disposal of the petition.
Issues: Whether the petitioner is entitled to receive his post-retiral dues and the timeline for such payment.
Ratio Decidendi: The court established that employers have a legal obligation to ensure timely payment of post-retiral dues, reinforcing the principle of mandamus in enforcing such rights.
Final Decision: The petition was disposed of with directions for the respondents to pay the dues within three months.
JUDGMENT :
PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner, Sri Ravindra Singh, learned counsel for respondent Nos.2 to 4 and Sri Ramakant Singh, learned counsel for respondent No. 3.
2. The petitioner has preferred the present petition with the following prayer:
3. It is argued by learned counsel for the petitioner that while working on the post of D.G. Operator in Kisan Sahkari Chimi Mills Ltd. Ghosi Azamgarh, the petitioner was superannuated on 31.03.2024. It is argued that after his retirement, the post retiral dues have not been paid to him.
4. On the other hand, it is argued by learned counsel for the respondents that all dues as prayed for in the present petition be paid to him within a period of three months from today.
5. In view of the undertaking given by learned counsel for the respondents, the present petition is disposed of.
6. Learned counsel for the respondents are direct to communicate a copy of this order to their respective respondents forthwith.
Employers are legally bound to settle post-retiral dues promptly upon an employee's retirement.
The court balanced the financial positions of the department and the petitioner and ordered the payment of retiral dues in equal installments within six months.
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
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