ADESH KUMAR SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri B.D. Mandhyan, Senior Counsel, assisted by Sri Tarun Gaur, learned counsel appearing for respondent-Mandi Parishad.

(2.) The petitioner was working as Mandi Sahayak, a Class IV post since 1974 and the service condition of the petitioner is governed by U.P. Agriculture Produce Market Committees (Centralized) Service Regulations, 1984. The petitioner retired on 31.03.2013 on attaining the age of superannuation and after retirement the petitioner handed over charge. However, 'No Dues Certificate' was not issued to the petitioner, as such, the retirement dues was not paid. By letter dated 30.05.2013, the respondent no. 4, Secretary, Krishi Utpadan Mandi Samiti (Agricultural Produce Market Committee), Bareilly, mentioned that in departmental annual audit for the years 2010-2011 and 2011-2012 there was audit objection number 33 pertaining to the petitioner until and unless the audit objection is removed the 'No Dues Certificate' cannot be issued. Aggrieved, the petitioner has approached this Court seeking a direction to the respondent no. 3, Deputy Director (Admin./Marketing), Regional Office, State Agricultural Produce Marketing Board (U.P.) at Navin Mandi Sthal, Pilibhit Road, Bareilly, for payment of retiral benefits along with interest @ 18%.

(3.) Submission of learned counsel for the petitioner is that the audit objection enclosed along with letter dated 30.05.2013 does not raise any objection pertaining to the petitioner. On the contrary, objection has been raised in respect of one Sri R.K. Suman, Mandi Inspector and the audit report directs the Mandi Parishad to initiate proceedings to recover the loss of interest from R.K. Suman. There is no such objection against the petitioner, and hence, the petitioner is entitled to post retiral benefits.