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2016 DIGILAW 770 (ALL)

Dhruv Ram v. State of U. P.

2016-03-02

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT The appellant filed a writ petition seeking a mandamus for the payment of his retiral dues (Writ Petition No.47900 of 2015). The reliefs which were sought are in the following terms: "a. Issue a writ, order or direction in the nature of mandamus directing to the respondent no.3, 4 and 5 to pay the post retiral benefits as well as fix the pension of the petitioner. b. Issue a writ, order or direction in the nature of mandamus directing to the respondent no.5 to decide the representation of the petitioner dated 29.06.2015 within a stipulated period." 2. The writ petition was disposed of by a learned Single Judge on 27 October 2015. Noting the statement of the learned Standing Counsel that the payment of retiral dues had been held up because there was a departmental enquiry pending against the appellant which has since been concluded, the writ petition was disposed of by directing the Tehsildar to ensure that the entire retiral dues are paid within three months. The appellant then filed a writ petition seeking interest on the delayed payment of his retiral dues. The learned Single Judge has dismissed the writ petition on the ground that in the first writ petition, there was no prayer for the payment of interest on the delayed payment of retiral dues. 3. We find from the reliefs which were sought in the earlier writ petition that there was no prayer for the payment of interest. Even when the petition was disposed of on 27 October 2015, neither was such a relief sought nor granted before the learned Single Judge. In fact, the learned Single Judge granted three months' time to pay the entire retiral dues in the order dated 27 October 2015. Hence, a fresh writ petition for the payment of interest on the delayed payment of retiral dues could not have been entertained and was rightly rejected by the learned Single Judge. 4. There is no merit in the special appeal. The special appeal is dismissed. There shall be no order as to costs.