Advocates:
['BHUPENDRA NATH SINGH', '', 'PREMSHANKAR SHUKLA', 'VIRENDRA SINGH', 'DEVENDRA PRATAP SINGH', 'C S C']

Court No. - 33

Case :- WRIT - A No. - 65176 of 2015

Petitioner :- Shashidhar Dwivedi

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

Counsel for Petitioner :- Bhupendra Nath Singh,Devendra

Pratap Singh

Counsel for Respondent :- C.S.C.

Hon'ble Ashwani Kumar Mishra,J.

Petitioner superannuated on 1.3.2013 from the office of Joint

Development Commissioner, Faizabad. Retiral benefits due and

payable to him have been released on 12.10.2015. An

application has been submitted by the petitioner for payment of

interest upon delayed payment of retiral benefits relying upon

Government Orders dated 17.05 2001 and 30.9.2009.

A counter affidavit has been filed in which it is stated that on

account of on going disciplinary enquiry against the petitioner

certain delay was caused.

Learned counsel for the petitioner, in reply submits that as per

the aforesaid Government Orders even pendency of disciplinary

enquiry could not have been a ground and since petitioner has

ultimately been exonerated of the charges levelled, therefore,

interest will be due and payable upon delayed releasing of

retiral benefits.

Be as it may in the facts of the case, it is apparent that retiral

benefits were released to petitioner after substantial delay.

Whether or not in the facts of the case any interest is payable in

terms of the Government Order needs to be examined by the

Competent Authority at the first instance.

A writ of mandamus accordingly is issued to the respondent

no.3 to examine petitioner's claim for award of interest on

delayed release of retiral benefits in terms of Government

Orders by passing a reasoned order within a period of three

months.

The writ petition stands disposed of in above terms.

Order Date :- 7.10.2021

piyush