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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vikram D. Chauhan,J.
Kusum Lata Singh – Appellant
Versus
State Of U.P. – Respondent
Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
2. The present writ petition has been filed with the following prayers :-
"1:- Issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith sanction and disburse the amount of encashment of Earn Leave, which has been fallen due to petitioner on the date of her superannuation i.e. 31/03/2018, with interest at the rate of 18% from the date of entitlement till date of actual payment.
2:- Issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representation dated 14/03/2024 (Annexure No. 2 to writ petition) of petitioner, within stipulated time fixed by this Hon'ble Court."
3. On 23.4.2024 this Court has passed the following order :-
"The Director, Directorate of Secondary Education, U.P., Lucknow, the Joint Director of Education, VIIth Region Gorakhpur, Gorakhpur and the District Inspector of Schools, Gorakhpur will show cause by their own affidavits why the petitioner's dues on account of leave encashment have not been paid to her till date. The petitioner was an Assistant Teacher,
Retiral dues are property under Article 300A; unexplained delays in payment warrant interest at 6% per annum, with penal compensation for further delays.
Retired employees are entitled to interest on delayed leave encashment payments, and the court can enforce reasonable interest rates despite the employer's financial constraints.
Employees are entitled to interest on delayed payment of leave encashment benefits, which must be paid promptly. In case of delays, interest at rates established by previous judgments may be enforced....
Court affirmed the entitlement to 9% interest on delayed retiral dues, encompassing gratuity and leave encashment, underscoring principles of complete justice.
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
Retirees are entitled to claim interest on delayed payment of retiral benefits, emphasizing constitutional rights and established judicial precedents.
An employer's failure to disburse gratuity and leave encashment timely violates statutory obligation, warranting payment of interest without regard to employee delay in approach.
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