Allahabad High Court
Dr. Raj Narain Saxena vs State Of U P And Another on 21 November, 2019
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- WRIT - A No. - 16889 of 2019 Petitioner :- Dr. Raj Narain Saxena Respondent :- State Of U P And Another Counsel for Petitioner :- Pradyumna Kumar Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
Heard counsel for the petitioner and learned Standing Counsel for respondent nos. 1 and 2.
The petitioner in the present writ petition has prayed for following reliefs:-
"(i)Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation/application dated 27.09.2018 and reminders thereof filed by the petitioner claiming the interest on the belated pension arrear from July 1997 to 25th May, 2017 paid to the petitioner vide judgement dated 05.01.2018 passed by Hon'ble High Court.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to pay the compound interest on the belated pension arrear July 1997 to 25th May, 2017 paid to the petitioner as per direction dated 05.01.2018 of the Hon'ble High Court."
It appears that earlier petitioner has preferred a Writ-A No. 62393 of 2012 whereby this Court issued the following directions:-
"The respondents are directed to consider the claim of the petitioner including the services of the petitioner rendered in A. K. College, Shikohabad for the purposes of pensionery benefits. After that the pension of the petitioner has to be revised and arrears of the pension shall be paid to the petitioner, as expeditiously as possible, preferably within four months from the date of service of the copy this order."
Pursuant to the judgement of this Court dated 05.01.2018 the petitioner's pension has been revised but he was not given interest on the arrears of pension.
The claim of the petitioner is that he was denied the pension on illegal grounds and the delay in payment of pension was on account of arbitrary act of the respondent no.2 and as such petitioner is also entitled for interest on the arrears of pension paid to him. In this regard petitioner has submitted a representation to the respondent no. 2 on 27.09.2018, Annexure-8 to the writ petition but the same has not been decided by the Director of Education, (Higher), Sarojni Naidu Marg, Prayagraj.
Considering the facts and circumstances of the case, the writ petition is disposed off with a direction to petitioner to file a fresh representation before the respondent no.2-Director of Education (Higher), Sarojni Naidu Marg, Prayagraj raising his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner alongwith certified copy of this order, the respondent no. 2 shall consider and decide the same by reasoned and speaking order within a period of three months thereafter.
With the aforesaid observations, the writ petition is disposed off.
Order Date :- 21.11.2019 AKT