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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
| Table of Content |
|---|
| 1. prayer for pension and interest on dues. (Para 2 , 3 , 4) |
| 2. factual background on payment of dues. (Para 5 , 6 , 7 , 8) |
| 3. arguments regarding entitlement and precedent cases. (Para 9 , 10) |
| 4. court's views on withholding dues. (Para 11 , 12 , 13 , 14) |
| 5. final ruling on petitioner's claims. (Para 15) |
| 6. entitlement to interest and directives on payment. (Para 16 , 17 , 18 , 19 , 20) |
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 ord
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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