RAMESHWAR NATH Vs. SRI CHANDRA MOHAN AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties. By means of this writ petition the petitioner has prayed for a writ in the nature of mandamus directing the respondent to make payment of the petitioner's Pension, Provident Fund, Gratuity and Group Insurance as early as possible with interest at the rate of 12% on the whole amount due since the date they ought to have been paid and not paid as yet. From a perusal of the materials attached with the writ petition it appears that there is a dispute that the petitioner has not succeeded in producing 'No Dues Certificate' before tire authority concerned with the result that the petitioner has not been able to get his Pension, Provident Fund etc.

(2.) After hearing the learned counsel for the parties, we think that the petitioner has been unnecessarily harassed and has not been paid the money due to him within a reasonable time from the date of his retirement. In this connection we think it proper to extract the following observations made by their Lordships of the Supreme Court in State of Kerala and others Vs. M. Padnanabhan Nair, (1985) 1 SCC 429.

(3.) It is regrettable that the opposite parties are not paying proper heed to the demand and request of the petitioner. Even in this Court sufficient time has been granted to the Standing Counsel for filling counter - affidavit on behalf of opposite party No. 3, but no counter - affidavit has been filed as yet. We do not see any justification for this enormous delay in making the payment to the petitioner. However, in the interest of justice we grant three weeks further time to the Standing Counsel to see that the relevant payment is made to the petitioner or cause is shown to this Court for the enormous delay in making necessary payment to the petitioner.