Allahabad High Court
Sukkhan Singh vs State Of U.P. & Others on 4 August, 2010
Author: Devendra Kumar Arora
Bench: Devendra Kumar Arora
Court No. - 26 Case :- WRIT - A No. - 51719 of 2008 Petitioner :- Sukkhan Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- S.C. Kushwaha Respondent Counsel :- C.S.C.,Satish Chaturvedi Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
By means of the present writ petition, the petitioner has sought a writ in the nature of mandamus directing the respondents to clear all the retiral benefits of petitioner i.e. provident fund, G.P.F. and pension etc. within some specific period.
Submission of learned counsel for petitioner is that the petitioner was initially appointed on the post of Chaukidar under the control of opposite party no. 4 on substantive vacancy in the year 1982 and his services were confirmed vide order dated 04.04.1989. The Opposite Party No. 4 by means of order dated 01.9.1992 compulsorily retired the petitioner.
Grievance of the petitioner is that though he has been compulsorily retired way back in the year 1992 yet till date his service benefits have not been paid to him. Admittedly, petitioner has not challenged the order of his compulsory retirement and his limited prayer is that all his retiral dues be provided to him.
This Court by means of order dated 01.10.2008 had issued notices to the respondents no. 2 and 4, directing them to file counter affidavit within six weeks.
No counter affidavit has been filed except a short counter affidavit on behalf of opposite party no. 3 in which it is stated that since petitioner is a class IV employee, his provident fund and G.P.F. is being maintained by the Drawing and Disbursing Officer under the provisions of G.P.F. Rules, 1985 and the Accountant General has nothing to do in this matter.
I have considered the submission of learned counsel for petitioner and perused the record.
The petitioner has made a very innocuous prayer for release of his retiral dues. The respondents despite providing opportunity have not cared to file any counter affidavit in the writ petition except the respondent no. 3 who has no concern with the present matter.
Since the petitioner has been compulsorily retired way back in the year 1992 and approximately 18 years have passed, this Court without waiting further response of the respondents direct the opposite party no. 4 to immediate calculate petitioner's all retiral dues and release the same within a period of three months from the date of receipt of certified copy of this order.
With the aforesaid observations, this writ petition is disposed of finally.
Order Date :- 4.8.2010 ashok