Court No. - 19

Case :- WRIT - A No. - 18156 of 2022

Petitioner :- Pramod Behari

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan

Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard Sri Gulrez Khan, learned counsel for the petitioner and

Sri Vikram Bahadur Yadav, learned Standing Counsel for the

State-respondents.

By means of the instant petition, the petitioner seeks a

mandamus against the respondent for releasing the entire retiral

dues to the petitioner along with interest from the date, it

actually fell due.

This Court by means of order dated 19.11.2022 as well as the

order dated 16.12.2022 required the learned Standing Counsel

to seek instructions as well to produce the records. In pursuance

of the said order, the record was produced before the Court.

The submission of learned counsel for the petitioner is that the

petitioner was superannuated on 21.07.2015. It is the

submission of learned counsel for the petitioner that despite

various letters/representations, he made to the Department, the

petitioner was not granted the post-retiral dues.

It is further submitted that for the first time on 15th January,

2021, the petitioner received a letter from the Department

requiring certain documents to be submitted and despite the

same were further submitted yet the dues were not paid, as a

result, the petitioner was compelled to institute the instant

petition.

It is also urged that on no fault of the petitioner, he has been

deprived of his retiral dues which ought to have been paid at the

time of retirement.

The learned Standing Counsel on the basis of written

instructions, a copy of which has been provided to the Court for

perusal which is taken on record, submits that certain

discplinary proceedings were contemplated against the

petitioner and the suspension order was passed against the

petitioner on 18.06.2014.

It is further urged that the said suspension order was stayed by

the Court in a writ petition preferred before this Court bearing

Writ-A No. 39429 of 2014 (Pramod Bihari Vs. State of U.P. and

others) whereby by means of order dated 27.08.2014, the order

of suspension was stayed, however, it was left open for the

respondent-authorities to initiate and conclude the departmental

proceedings.

In the aforesaid instructions, it has further been pointed out that

the charge sheet dated 28.12.2019 has been served on the

petitioner on 20.01.2020 and in view thereof since the

departmental proceedings have yet not been concluded,

accordingly, the dues have not been paid.

It has also been pointed out that since the last order passed by

the Court on 19.11.2022, certain dues regarding Group

Insurance and provident fund along with GPF has been paid to

the petitioner and the same has also been affirmed by the

petitioner who has filed the supplementary affidavit today with

the same the said receipts has been brought on record to

indicate that a sum of Rs. 4,11,550/- has been paid to the

petitioner.

It is also urged that the alleged departmental proceedings also

are de-hors the provisions as there is nothing on record to

indicate that under what Rules, the departmental inquiry can be

proceeded against the petitioner after his retirement.

Considering the aforesaid facts and circumstances as well as the

pleadings brought on record both in terms of written

instructions as well as supplementary affidavit filed by the

petitioner, this Court is of the view that there does not appear to

be any cogent reason for withholding the the retiral dues of the

petitioner, accordingly, the petition is disposed of with a

direction to the respondent concerned to pay the remaining

outstanding dues to the petitioner alongwith the admissible

interest as provided under the Rules applicable within a period

of six weeks after adjusting the amount already paid up to