LAWS(UTN)-2010-6-103

DEVENDRA BAHADUR JAIN Vs. STATE OF UTTARANCHAL

Decided On June 01, 2010
DEVENDRA BAHADUR JAIN Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) The petitioner retired from service on attaining the age of superannuation with effect from 31.7.2001. At the time of his retirement, the petitioner was holding the rank of Executive Engineer in the Jal Sansthan. Despite his repeated demands and protestations, provisional pension as well as some other retiral benefits were released to the petitioner in the year 2006. He was paid final pension and all other remaining retiral benefits in the year 2009.

(2.) The solitary claim in the instant Writ Petition at the hands of the petitioner, during the course of hearing, was for payment of interest on account of delayed payment of pension and other retiral benefits.

(3.) The prayer made by the petitioner is strenuously opposed by the learned counsel for respondent nos. 2 and 3. He has pointed out various administrative exigencies, which came in the way of the respondents in finalising, as also, in releasing pension and other retiral benefits to the petitioner. In view of the submissions made by the learned counsel for the respondents, we enquired from the learned counsel for the respondents, whether the petitioner was responsible for any such impediments, which resulted in the delayed release of pension and other retiral benefits to him. In response to the Court's query, learned counsel for the respondents very fairly stated that although there were a number of reasons for not releasing pension and other retiral benefits to the petitioner, yet none of them were as a consequence of any dereliction at the hands of the petitioner.