UMA AGRAWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner was working as Medical Officer in the service of the Government of Uttar Pradesh and retired on 30-4-1993 on completion of 58 years. She filed writ petition on 18-11-1995 complaining that she has not been paid her retiral benefits, namely, gratuity, provident fund, pension, etc. This Court admitted the writ petition on 4-12-1995 and issued notice to the respondents. The respondents submitted to this Court that, after her retirement, in spite of the petitioner being requested to send three sets of pension papers, petitioner did not send them. This was, however, denied by the petitioner. This Court directed the respondents on 12-2-1996 that upon petitioner furnishing three sets of pension papers with all relevant documents, the same should be processed. The respondents then sent a special messenger to various places to get details of her service and thereafter the pension papers were sent on 24-12-1996 to the Director General, Medical Health, U. P. It was stated that provisional pension was paid in December, 1996 and February, 1997. Arrears were paid on 17-3-1997. Papers were sent on 29-1-1997 to the Pension Directorate, Lucknow. In regard to the GIS it was pointed out that the petitioner had not paid premium of Rs. 4770/- and thereafter, the petitioner deposited the same on 9-12-1997. The GIS was sent to petitioner on 17-12-1997, 90% of GPF was paid on 20-1-1998, balance was paid on 25-4-1998. The Gratuity was paid on 25-6-1997 and the encashment of earned leave was also paid on the same date. The petitioner demanded interest while the respondents contended that no interest was payable. Though some other questions relating to promotion etc. were referred to in the writ petition, learned senior counsel for the petitioner stated that the petitioner is confining this writ petition only in regard to the pensionary benefits. Now the only question that remains to be decided is the question relating to payment of interest. Learned counsel for the petitioner requested us that some guidelines may be issued regarding the steps to be taken by departments for prompt payment of retiral benefits.

(2.) Now-a-days, several writ petitions are being filed in this Court and various High Courts seeking relief for disbursement of retiral benefits, because of inordinate delays in payment of these benefits. As Krishna Iyer, J. stated in State of Mysore v. C. R. Sheshadri, (1974) 4 SCC 308 , 'retired government official is sensitive to delay in drawing monetary benefits. And to avoid posthumous satisfaction of the pecuniary expectation of the superannuated public servant - not unusual in government', it is becoming necessary to issue directions in several cases, for early payment of these dues. In yet another case in State of Kerala v. M. Padmanabhan Nair, (1985) 1 SCC 429 , this Court had occasion to point out that usually 'the delay occurs by reason of non-production of the L.P.C. (last pay certificate) and the N.L.C. (no liability certificate) from the concerned departments' but both the documents pertain to matters, records whereof would be with the concerned government departments. It was observed that inasmuch as the date of retirement of every government servant was very much known in advance, it was difficult to appreciate why the process of collecting the requisite information and issuance of the abovesaid two documents should not be completed well before the date of retirement so that the payment of gratuity amount could be made on the date of retirement or on the following day and the pension, at the expiry of the following month. This Court stated that the necessity for prompt payment of the retirement dues to a government servant immediately after his retirement could not be over-emphasised and it would not be unreasonable to direct that there would be a liability to pay penal interest on these retirement benefits. In several cases, decided by this Court, interest at the rate of 12% per annum has been directed to be paid by the State.

(3.) As these delays have increased in the last few years, it has become necessary to refer to the Rules and departmental instructions which do contain adequate provisions for compilation of all the necessary data and preparation of the necessary documents for disbursement of retiral benefits, well in advance. The present case arises from Uttar Pradesh and we find that the Government of Uttar Pradesh has issued instructions to the effect that "the Head Office, or other authority responsible for preparing the pension papers should initiate the pension case, two years before retirement of the Government servant. At that stage, the essential information necessary for working out the qualifying service should be collected, and the entire service book and other service records should be examined and completed with a view to remove deficiencies and imperfections, if any, in the service book/records. This process should be completed" at least eight months in advance of the date of retirement of the Government servant. The actual computation and preparation of the pension papers should then start and "any deficiency or imperfection, or omission which still remains in the service records should be ignored, and the determination of qualifying service should be proceeded with on the basis of entries in the service records, whatever the degree of imperfection to which it might have been possible to bring them by that time". "The process of determining the qualifying service and the average emoluments and the admissible pension and gratuity should be positively completed within a period of 2 months and the pension papers sent to the Accountant-General not later than 6 months before the date of retirement. The said office is to issue the pension payment order (including the order for the payment of the Death-cum-retirement gratuity) one month in advance of the date of retirement". "It should be ensured that the payment of superannuation pension commences on the first of the month following the month in which the Government servant retires". This appears to be the clear position in Uttar Pradesh.