Kamata v. U.P. Jal Nigam Lko Thru M.D. and 3 Others

Court No. - 7 Case :- WRIT - A No. - 7506 of 2023 Petitioner :- Kamata Respondent :- U.P. Jal Nigam Lko Thru M.D. And 3 Others Counsel for Petitioner :- Ajay Bahadur Yadav Counsel for Respondent :- Rishabh Kapoor Hon'ble Abdul Moin,J.

¶1Heard Shri Ajay Bahadur Yadav, learned counsel for the petitioner and Shri Krishna Vishwakarma, Advocate, holding brief of Sri Rishabh Kapoor, learned counsel appearing for respondents.

¶2It is submitted by learned counsel for the petitioner that the opposite parties may be directed to release the amount of gratuity alongwith interest at the current market rate from the due date till the actual date of payment and sanction the regular pension forthwith and also pay arrears of pension expeditiously.

¶3Shri Krishna Vishwakarma, Advocate, holding brief of Shri Rishabh Kapoor, learned Counsel for opposite parties submits that the regularization of the petitioner with retrospective effect was cancelled, however, learned counsel for the petitioner says that irrespective of it, he is entitled to pension and post retiral benefits.

¶4Be that as it may, let the appointing authority or whosoever is competent in this regard verify the facts as also the entitlement of the petitioner to the post retiral dues claimed in the light of the relevant rules and Government Order, if any, which may be applicable and take a considered decision in this regard within a period of one month from the date a certified copy of this order is produced before him. If the petitioner is found entitled to any dues, the same shall be released in his favour within the next 6 weeks. As regards claim of interest on delayed payment of post-retiral dues, if any, the same shall be considered in the light of relevant rules or government orders as may be applicable.

¶5The petition is disposed of in aforesaid terms. Order Date :- 12.10.2023 J.K. Dinkar High Court of Judicature at Allahabad, Lucknow Bench