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IN THE HIGH COURT OF ALLAHABAD
J.J.Munir
Pramod Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order passed by the Executive Officer, Nagar Palika Parishad, Seohara, District Bijnor dated July the 3rd, 2024, declining to pay interest on the belated disbursement of post-retiral benefits to the petitioner.
2. The petitioner was a Revenue Moharir in the employ of the Nagar Palika Parishad, Seohara, Bijnor. [‘Nagar Palika’ for short] His date of birth is 01.06.1959. On 15.02.1977, he was appointed a Naib Moharir with the Nagar Palika. He was appointed for a period of two months on a temporary basis vide order dated 15.02.1977 passed by the Chairman of the Nagar Palika, under Section 70 of the Uttar Pradesh Municipalities Act, 1916 [‘Act of 1916’ for short]. After the petitioner completed the period of two months with effect from 15.04.1977, his employment was not extended. On 16th of April, 1977, upon an application made by the petitioner, he was appointed again to the post of a Naib Moharir for two months on a temporary basis. This time he was permitted to work until the month of December, 1977.
3. Eschewing unnecessary detail, all that deserves to be noticed is that the petitioner was regularized in service b
Employers have a duty to conclude disciplinary proceedings before an employee's retirement, and delays in post-retiral benefit payments can incur interest liability.
Interest on delayed post-retiral benefits and accountability for bureaucratic negligence established, mandating 6% interest due to culpable delays.
The prohibition of recovery of emoluments paid for work rendered by an employee, even if beyond entitlement, as it would amount to begar, prohibited under Article 23 of the Constitution.
Retiral dues must be paid promptly; interest on delays conditional on financial crises, escalating from 7.5% to 12%.
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
Retiral benefits are a right of the employee, and undue delay in their disbursement by the State can lead to the imposition of interest and costs, reflecting the accountability of public authorities ....
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