Ram Kumar Gupta v. State of U.P. and 5 Others

Court No. - 10 Case :- WRIT - A No. - 18899 of 2023 Petitioner :- Ram Kumar Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Navin Kumar Counsel for Respondent :- CSC,Manoj Kumar Singh Hon'ble Kshitij Shailendra,J.

¶1Heard Shri Navin Kumar, learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 4 and Shri Manoj Kumar Singh, learned counsel for respondent Nos. 5 and

6.

¶2The petitioner has retired from his post on 31.12.2022, i.e. about one year ago, and his grievance is that despite successive applications dated 21.03.2023, 14.07.2023 and 04.09.2023, the post retiral benefits have not been released.

¶3Shri Manoj Kumar Singh, learned counsel for respondent Nos. 5 and 6 submits that the calculation of post retiral benefits consumes some time and there is a very short delay since when the petitioner has retired.

¶4This Court in the case of Mukti Nath Rai Vs. State of U.P. (through the Superintending Engineer, P.W.D.) and others:

(1992) 2 AWC 644 and recently in the case of Ram Kumar vs State of U.P. and another passed in Writ A No. 12283 of 2023 decided on 22.08.2023 has held that withholding of post retiral benefits for indefinite period of time would be wholly unjustified and improper and a direction has been issued to State Government to issue circular to all the departments to settle all such claims with most expedition.

¶5The writ petition is disposed of directing the respondent No. 5, Executive Officer, Nagar Palika Parishad Khurja, district Bulandshahr to release the post retiral benefits that are admissible to the services of the petitioner on or before

28.02.2024 along with interest from the date the same fell due till the date of actual payment.

¶6In case, certain benefits are not found to be payable, specific order shall be passed in this regard within the same period of time, provided a certified copy of this order is produced before respondent No. 5 by the end of November, 2023. Order Date :- 8.11.2023 Sazia High Court of Judicature at Allahabad