Mool Chand-II 3129 (S/S)2014 v. State of U. P. Thru Prin. Secy. Revenue Civil Sectt. Lko.
2015-12-17
D.Y.CHANDRACHUD, NARAYAN SHUKLA
body2015
DigiLaw.ai
JUDGMENT The special appeal has arisen from a judgment of a learned Single Judge dated 19 November 2015 dismissing a writ petition filed by the appellant under Article 226 of the Constitution. The appellant was working as a Waterman-cum-Chowkidar, a class IV employee in the Revenue Department and attained the age of superannuation on 28 February 2012. He was constrained to file a writ petition1 before this Court aggrieved by the non payment of the entirety of his retiral dues towards group insurance, encashment, ACP, salary and other benefits. The writ petition was disposed of by this Court on 1 May 2013 by permitting the appellant to move a representation before the Collector and District Magistrate, Lucknow, who was directed to consider the matter. In compliance with the direction, the SDM, Sadar, Lucknow issued a direction on 16 July 2013 to the effect that in compliance with the direction issued by the Court, the retiral dues of the appellant have been credited to his account in the Indian Overseas Bank. The appellant filed a contempt petition, which however was not entertained on the ground that in the affidavit, no details of benefits due and released have been given nor was a case made out to indicate that interest was payable on delayed payment. Hence it was held that the Court cannot adjudicate upon the matter and the contempt petition was hence dismissed on 10 December 2013. 2. That led to the filing of a writ petition under Article 226 of the Constitution seeking a direction in regard to the payment of interest at 12 % per annum. The writ petition has been dismissed by the learned Single Judge with the observation that the letter of the SDM dated 16 July 2013 contains details of payments made on various dates between March 2012 and July 2013. 3. We have perused the counter affidavit, which was filed before the learned Single Judge by the Tehsildar Sadar. The counter affidavit annexes a statement of the Indian Overseas Bank setting out the details of the dates on which transfers were made of the retiral dues to the account of the appellant. From the statement, it emerges that an amount of Rs.1,82,490/- was deposited on 3 March 2012. Thereafter amounts were deposited from time to time until the last payment was made in the month of May 2013.
From the statement, it emerges that an amount of Rs.1,82,490/- was deposited on 3 March 2012. Thereafter amounts were deposited from time to time until the last payment was made in the month of May 2013. Significantly, we have found from the Bank's statement that an amount of Rs.1,31,272/- was credited only on 13 August 2012, an amount of Rs.6,66,472/- was credited on 15 February 2013, while further payments of Rs.30,590/- and Rs.49,138/- were credited in the months of April and May 2013. 4. Retiral dues are not a bounty or charity but are a matter of rightful entitlement of an employee who has rendered long years of service. There was no justification on the part of the State to delay the payment of retiral dues after the appellant retired on 28 February 2012. As we have noted, the retiral dues were paid from time to time until May 2013. The learned Single Judge was in error in dismissing the writ petition on the ground that payments were evidently made between the months of March 2012 and July 2013. The entitlement to interest arises out of the fact that the appellant was unjustly deprived of moneys, which were legitimately due to him from the State on account of the service rendered by him. There was no statement in the counter affidavit to the effect that the payment was withheld for any legitimate reason, such as the pendency of an enquiry or want of a no dues certificate. 5. Consequently, we allow the special appeal and set aside the judgment of the learned Single Judge dismissing the writ petition. We direct that the appellant would be entitled to a simple interest @ 6% per annum on the delayed payments of retiral dues commencing from the expiry of a period of two months from the date of retirement of the appellant. The interest will be computed on that basis commencing from the expiry of a period of two months from the date of retirement until the date on which the respective payments were made. The payment of interest as computed in compliance of this order shall be made to the appellant within a period of three months from the date of receipt of a certified copy of this order. 6. The appellant claims that he is being paid pension of approximately Rs.60/- less than what he is entitled to.
The payment of interest as computed in compliance of this order shall be made to the appellant within a period of three months from the date of receipt of a certified copy of this order. 6. The appellant claims that he is being paid pension of approximately Rs.60/- less than what he is entitled to. This is a matter which would require factual verification. We leave it open to the appellant to submit a representation to the competent authority setting out the basis on which he makes the claim. Any such representation shall be duly considered and disposed of within a period of three months thereafter. 7. The special appeal is accordingly disposed of. There shall be no order as to costs.