DEO NANDAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) 1. Heard Sri T.N.Gupta learned counsel for the petitioner and the learned Standing Counsel for the opposite parties 1 to 5, 7 and 8. None has put in appearance on behalf of opposite party no.6.

(2.) THE petitioner has attained the age of superannuation on 31.10.1997 while he was working as Deputy Collector/Up Zila Adhikari, Bahraich. As the pensionary benefits were not paid to the petitioner within time, the petitioner filed the instant writ petition in July, 1999. On 29.07.1999 while passing the interim order a direction was issued by this Court to the opposite parties either to clear all the dues of the petitioner or show cause. Learned counsel for the petitioner submits that on 30.09.1999, a sum of Rs.2,07,485/- towards gratuity was paid to the petitioner but no interest on the gratuity amount was paid to him for the delay in payment, although the petitioner under the provisions of the Payment of Gratuity Act, 1972 is entitled for simple interest for the delayed payment of the gratuity amount. Learned counsel for the petitioner has relied upon the decision of Hon'ble the Supreme Court in H.Gangahanume Gowda v. Kartnataka Agro Industries Corpn. Ltd. reported in (2003) 3 S.C.C. 40 and the judgment passed by a Division Bench of this Court on 01.10.2008 in Writ Petition No.1133(SB) of 2001, Indrajeet Singh v. State of U.P. and others.

(3.) IT is admitted case of the parties that the petitioner who was working on the post of Deputy Collector, Bahraich attained the age of superannuation on 31.10.1997. As the post-retiral benefits were not paid to the petitioner well within time, the petitioner filed the instant writ petition in which the following relief has been prayed. " 1. issue a writ, order or direction in the nature of mandamus commanding the opposite parties for the payment of the pension and pensionary benefits including gratuity, pension rashikaran, final payment of General Provident Fund, Group Insurance amount, Leave encashment and all other arrears with interest to the petitioner in compliance of the letter No.1700/2/3-38/3624197 dated 23.4.1999 as contained jn Annexure-1 to this Writ Petition."