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2016 DIGILAW 864 (UTT)

Kailash Chandra Rastogi v. State of Uttarakhand

2016-11-21

SUDHANSHU DHULIA

body2016
JUDGMENT : In all these writ petitions, the petitioners are the retired employees of different local bodies, such as, Nagar Palika Parishad, Khatima, District Udham Singh Nagar and Nagar Palika Parishad, Nainital. 2. Admittedly, these retired employees of Nagar Palika have not been paid their retiral benefits, such as, pension, benefit of Assured Career Progression, arrears of gratuity, etc. 3. This Court in WPSS No. 930 of 2015 had passed an interim order directing the State Government either to release the pension in the funds of Nagar Palika or dissolve the Nagar Palika under the provisions of Section 30 of the U.P. Municipalities Act. In spite of repeated opportunities, the State could not come up with any reasonable explanation as to why the retired employees have not been given pensionary benefits. 4. It appears that this interim order passed by this Court in WPSS No. 930 of 2015 was challenged by the Nagar Palika, Mussoorie before the Division Bench of this Court in a special appeal, which was disposed of by the Division Bench of this Court vide judgment and order dated 07.11.2016 with the following directions:- “It is the fundamental right of the respondent nos. 1 to 10 to get their retiral/pensionary benefits. They belong to lowest strata of the society, but have been deprived of their legitimate right to get their retiral/pensionary benefits. Consequently, the present Special Appeal and the Writ Petition are disposed of by issuing following mandatory directions. Accordingly, there shall be a direction to respondent no. 11 to ensure that the respondent nos. 1 to 10 and similarly situated person retired from Municipal Corporations, Municipal Councils and Nagar Panchayats throughout the State of Uttarakhand are released their pensionary/retiral benefits within a period of four weeks from today. The retiral/pensionary benefits shall also carry the interest at the rate of 9% per annum. It is further made clear that in case the arrears of retiral/pensionary benefits are not paid, within the stipulated period, as directed hereinabove, the due amount shall carry the interest at the rate of 18% till the date of its payment. Similarly, there shall be also a direction to the Secretary, Urban Development to ensure that the recommendations of the Sixth Pay Commission are also implemented qua the respondent nos. Similarly, there shall be also a direction to the Secretary, Urban Development to ensure that the recommendations of the Sixth Pay Commission are also implemented qua the respondent nos. 1 to 10 as well as all the employees of all the Municipal Corporations, Municipal Councils and Nagar Panchayats, within a period of four weeks from today. It shall be the responsibility of the respondent no. 11 to ensure due compliance of these orders. If the directions issued by the State Government are not implemented/executed by the Municipal Corporations, Municipal Councils and Nagar Panchayats, it shall be open for the State Government to take action against them under the law including their dissolution as observed by the learned Single Judge. The Secretary, Urban Development, Government of Uttarakhand is also directed to hold an inquiry against all the Executive Officers of the Municipal Corporations, Municipal Councils and Nagar Panchayats as to why the retiral/pensionary benefits, to the lowest strata of the society, have not been paid and after fixing their responsibilities, the amount of interest shall be recovered from the salaries of defaulting officers/officials.” 5. A perusal of the above judgment of the Division Bench of this Court shows that there is a general direction of the Division Bench to give the entire post retiral benefits to the retired employees of Municipal Corporations, Municipal Councils and Nagar Panchayats throughout the State of Uttarakhand within a period of four weeks with an interest of 9% and in case of default with a higher interest of 18%. 6. Learned counsels for the respondents admit that such a general direction of the Division Bench of this Court have been given in the above order. The decision of Division Bench of this Court is binding upon this Court, the writ petitions stand disposed with the direction to the respondents to comply with the order of Division Bench of this Court.