DISTRICT MAGISTRATE Vs. HARISH CHANDRA PANT

JUDGEMENT

(1.) Application to condone the delay of 655 days in preferring this Special Appeal is not opposed and the delay is, therefore, condoned. Delay Condonation Application stands disposed of.

(2.) This Special Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 2426 of 2017 dated 30.11.2017. The respondent-writ petitioner herein filed Writ Petition (S/S) No. 2426 of 2017 seeking a writ of mandamus directing the respondents to pay the entire retiral benefits of the respondent-writ petitioner, with interest @ 18 per cent per annum, with effect from 01.05.2016 till the date of actual payment; and a writ of mandamus directing the respondents to pay the petitioner pension regularly, along with arrears of pension with interest @ 18 per cent per annum.

(3.) In the order under appeal, the learned Single Judge noted that the respondent-writ petitioner had completed the age of superannuation on 30.04.2016; he was, however, not paid his retiral benefits including pension and gratuity till 01.07.2017; he was paid 90 per cent of his General Provident Fund on 23.04.2016; leave encashment payment on 07.06.2016; final payment of 10% of GPF on 19.07.2016; provisional pension on 25.10.2016; and gratuity on 25.10.2016. The learned Single Judge, thereafter, recorded the submissions, urged on behalf of the State Government, that the respondent-writ petitioner had been given the provisional, as well as final payment, with regards his retiral benefits, by letter dated 12.09.2017 of the Treasury concerned; and the said amount was credited to the account of the respondent-writ petitioner on 30.10.2017.