High Court of Judicature at Allahabad
Case Law Search
Dr. Amrit Lal Saxena v. D.G., Medical & Health U.P. And Another - WRIT - A No. 71220 of 2006  RD-AH 98 (3 January 2007)
Hon'ble R.P.Misra, J.
Hon'ble Shishir Kumar, J.
The present writ petition has been filed for a writ of mandamus directing the respondents to pay the retiral benefits, which has been due to the petitioner alongwith 18% interest. The petitioner was employed in the Government Service in the year 1971. The petitioner retired from service on 31.3.2006. To the best knowledge of the petitioner, no inquiry or disciplinary proceeding was pending against him at the time of retirement. Inspite of the retirement, the petitioner has not been paid the retiral benefits for which he was entitled immediately after his retirement. It has further been submitted by the petitioner that inspite of the best efforts made by the petitioner, the pension is being paid to him but other retiral benefits like; gratuity fund, encashment of 300 days of earn leave and other dues have not yet been paid to the petitioner. The petitioner submitted a representation to this effect to the respondent no.1 for making the payment, but up till date nothing has been done. A reminder to this effect has been sent by the petitioner to the respondent no.1 on 4.10.2006, but the respondents neither have passed any order nor have paid the amount for which the petitioner is entitled. As such the present writ petition.
We have heard Sri Suresh Chandra Varma, learned counsel for the petitioner and learned Standing Counsel for the respondents.
There is no dispute to this effect that the petitioner has already been retired on 31.3.2006 but inspite of repeated requests of the petitioner, the retiral benefit has not been paid to the petitioner. It is well settled in law that if the government servant has retired honourably on the date of superannuation, he is entitled for payment of every amount immediately after retirement. The payment of retiral benefit is a fundamental right of a person, who has served any particular department for a considerable period of 30 to 35 years. The petitioner has already submitted a representation to this effect on 4.10.2006 (Annexure-1 to the writ petition).
In view of the aforesaid facts, the respondent no.1 is directed to decide the representation of the petitioner for payment of retiral benefit and to pass a detailed and reasoned order according to law within a period of 6 weeks from the date of production of a certified copy of this order.
However, it is made clear that if the respondent no.1 comes to the conclusion that the petitioner is entitled for the payment, which has already been prayed by the petitioner in his representation, the same shall be paid to the petitioner within a period of 2 months from the date of decision of the representation of the petitioner.
With the aforesaid observation, the writ petition is disposed of.
Double Click on any word for its dictionary meaning or to get reference material on it.