PRAMOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against an order passed by the Executive Officer, Nagar Palika Parishad, Seohara, District Bijnor dated July the 3rd, 2024, declining to pay interest on the belated disbursement of post-retiral benefits to the petitioner.

(2.) The petitioner was a Revenue Moharir in the employ of the Nagar Palika Parishad, Seohara, Bijnor1. His date of birth is 1/6/1959. On 15/2/1977, he was appointed a Naib Moharir with the Nagar Palika. He was appointed for a period of two months on a temporary basis vide order dtd. 15/2/1977 passed by the Chairman of the Nagar Palika, under Sec. 70 of the Uttar Pradesh Municipalities Act, 19162. After the petitioner completed the period of two months with effect from 15/4/1977, his employment was not extended. On 16th of April, 1977, upon an application made by the petitioner, he was appointed again to the post of a Naib Moharir for two months on a temporary basis. This time he was permitted to work until the month of December, 1977.

(3.) Eschewing unnecessary detail, all that deserves to be noticed is that the petitioner was regularized in service by an order of the Executive Officer of the Nagar Palika dtd. 9/5/1982, with effect from 1/6/1982. The petitioner discharged his duties regularly thereafter. On 9/1/2018, the Sub-Divisional Magistrate, Tehsil Dhampur, Bijnor, directed the Executive Officer to conduct an inquiry against the petitioner into a complaint dtd. 2/1/2018, addressed by one Sushil Kumar Verma to the Chief Minister on the jansunwai portal. The complaint was that the petitioner was appointed before attaining the age of 18 years. These complaints are said to be repeated and were disposed of. Still another inquiry was made by the Naib Tehsildar, Seohara, Dhampur, where an inquiry report dtd. 19/3/2018 was made, finding that the first ad hoc appointment of the petitioner on the post of Naib Moharir was made on 15/2/1977, when he was aged 17 years 8 months and 14 days. The Sub-Divisional Magistrate, Dhampur, on 28/3/2018, made a recommendation that appropriate action be taken by the competent authority on the basis of the Naib Tehsildar's inquiry report dtd. 19/3/2018. Relying upon the Sub-Divisional Magistrate's report, the Executive Officer passed an order of suspension dtd. 23/8/2018.