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HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Rajedndra Prasad Inter College – Appellant
Versus
Shambhu Rao – Respondent
JUDGMENT :
Swarupama Chaturvedi, J.
Order on Civil Misc. Delay Condonation Applications.
1. Heard learned counsel for the petitioners.
2. Cause shown for delay in filing the appeals is sufficient.
3. Delay in filing the appeals is condoned.
3. Delay condonation application is allowed.
Order on Appeal
1. Heard Sri K. K. Rao, learned counsel for the appellant, Sri Grijesh Tiwari, learned counsel for the respondent no. 4 and learned Standing Counsel for the State respondents.
2. The appellant in Special Appeal Defective No.927 of 2025 has approached this Court against the impugned order dated 25.08.2025 in Writ A No.1018 of 2025 whereby the learned Single Judge has simply directed to put up the case after the decision of the Special Appeal Defective No.656 of 2023 filed by the Committee of Management. In connected appeal, which is Special Appeal Defective No.656 of 2023, the appellant has challenged the judgment and order dated 20.12.2022 in Writ A No.10356 of 2022 wherein the petition filed by the petitioner Shambhu Rao was allowed with all consequential benefits.
3. The controversy involved in both special appeals arises out of the same set of facts and relates to the inter se rights of the p
Post-retirement withdrawal of appointment approval is illegal; retiral benefits are entitled to timely payment with interest on delays.
Employees cannot be denied salary or retiral benefits for prior approved service due to later administrative inquiries questioning appointment validity.
An employee unlawfully deprived of salary is entitled to interest on delayed payments, overriding the 'No Work No Pay' principle.
The Tribunal erred in attributing delay in pension payment to the petitioner; interest at 6% is due under Clause-5 of the government resolution for delayed retiral benefits.
The court established that failure to complete a departmental inquiry within the prescribed period invalidates the dismissal, entitling the employee to retirement benefits.
The court ruled that only approved service counts for seniority, while unapproved appointments do not confer such rights, emphasizing timely challenges to adverse orders.
The court ruled that the Secretary must properly examine administrative lapses in delayed pension payments, as mandated by Section 197-A of the Assam Service (Pension) Rules, 1969.
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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