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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
KARUNESH SINGH PAWAR
Bankey Bihari Lal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.
2. By means of the present petition, the petitioner has prayed for a direction in the nature of mandamus commanding respondent Nos. 2 and 3 to sanction retiral dues such as pension, leave encashment and gratuity, etc.
3. Petitioner has also prayed for issuance of a writ of mandamus commanding respondent Nos. 2 and 3 to pay interest on the amount of post-retiral dues @ 12% per annum w.e.f. 01.03.1998 till the date of actual payment.
4. Further, it has been prayed that respondent No. 4 be directed to pay 10% of the General Provident Fund to the petitioner along with interest till the date of actual payment.
5. A Co-ordinate Bench of this Court, vide order dated 28.07.2023, directed the respondents to pay 10% of the remaining GPF to the petitioner upon authorization by respondent No. 4. Payment of leave encashment was also directed to be made to the petitioner within a period of three months.
6. Learned counsel for the petitioner has submitted that, in compliance of the aforesaid order, entire leave encashment has been paid to the petitioner vide o
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
Government employees are entitled to interest on delayed payment of pension and gratuity, and the rate of interest is determined based on the date the amount has fallen due, as per relevant legal pro....
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
Court affirmed the entitlement to 9% interest on delayed retiral dues, encompassing gratuity and leave encashment, underscoring principles of complete justice.
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
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