MUNUWA Vs. STATE OF U P

JUDGEMENT

(1.) Learned Counsel for the Petitioner states that during pendency of this Writ Petition pursuant to the observations made by this Court in its order dated 1.3.2007, various dues of the Petitioner have now been paid by the Respondents. Respondent-Nagar Panchayat has made payment of pension and gratuity highly belated inasmuch as the pension was paid in August 2007 and gratuity in April 2008. Therefore, the Petitioner is entitled for interest on the said belated payments. The learned Counsel for the Respondents could not give any justification for this delay.

(2.) Having gone through the counter-affidavit and particularly para 5, it appears that for the first time pension papers of Petitioner were sent by Executive Officer, Nagar Panchayat, Rajapur to Assistant Director Pension and Local Funds, Jhansi on 7.7.2007 which too received back being incomplete and thereafter, it appears that the Respondent No. 3 completed the papers and sent again as a result whereof payment could be made to the Petitioner on 22.8.2007 and in April 2008.

(3.) It is pertinent to note that for delay in payment of the aforesaid amount, Respondents have nowhere said in the counter-affidavit that fault lie on the Petitioner. It is thus evident on account of laxity on the part of the Respondents that payment of pension and gratuity got delayed.