State of U. P. Deptt. of Irrigation Civil Secretariat v. Sarvajeet Singh
2015-11-17
D.Y.CHANDRACHUD, YASHWANT VARMA
body2015
DigiLaw.ai
JUDGMENT The respondent has been awarded interest at the rate of 10% per annum from the date of his superannuation until the date of actual payment of his pensionary dues by the learned Single Judge by an order dated 8 April 2015. The State is in special appeal against the said order. 2. The respondent who was a tubewell operator on the rolls of the State since 24 May 1977 attained the age of superannuation on 30 June 2010. His retiral dues were not paid, upon which he represented to the authorities. 3. It appears from the record that when the respondent was posted as Gram Panchayat Vikas Adhikari, an order was passed by the District Magistrate on 8 March 2006 for the recovery of an amount of Rs.1,50,000/-. Challenging the order of recovery, the respondent had filed a writ petition in which the recovery was stayed subject to a deposit of an amount of Rs.5,000/- which the respondent had deposited. Despite this, the pensionary dues were not paid. Eventually, it was only on 30 August 2011 that the Additional Director, Treasury and Pension, Allahabad was requested by the Executive Engineer to release the post retiral dues withholding an amount of Rs.1,50,000/-. Pension and gratuity were sanctioned on 26 September 2011 by withholding an amount of Rs.1,50,000/- and payment was effected on 22 October 2012. 4. We find no reason or justification in the submission of the State for withholding pensionary dues particularly when pension and gratuity was sanctioned on 26 September 2011. At least the admitted amount should have been paid after withholding an amount of Rs.1,50,000/-. The award of interest at the rate of 10 % per annum by the learned Single Judge cannot be faulted. The special appeal is, accordingly, dismissed. There shall be no order as to costs.