Allahabad High Court
Jarman Singh vs State Of U.P. And 2 Others on 27 April, 2022
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 6259 of 2022 Petitioner :- Jarman Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajit Dubey,Amit Dubey Counsel for Respondent :- C.S.C.,Suresh Singh Hon'ble Ajit Kumar,J.
Heard Sri Ajit Dubey, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Suresh Singh, learned counsel for the contesting respondents.
By means of this writ petition filed under Article 226 of the Constitution, the petitioner has prayed for writ of mandamus to the respondents to make payment of leave encasement, group insurance, gratuity, pension and other post retirement dues and arrears of 6th Pay Commission and revised pension accordingly.
Learned counsel for the petitioner submits that the petitioner was retired from service on 31.12.2021, however, the post-retirement dues has remained unpaid.
Sri Suresh Singh, learned counsel for the contesting respondents submits that insofar as the post-retirement dues are concerned that are likely to be paid soon to the petitioner and in that regard consideration shall be made within specified period of time as may be directed by this Court.
However, insofar as the arrears of 6th Pay Commission and consequential benefits of revised pension are concerned, the matter is already engaging attention before the Supreme Court in the case of State of U.P. and another v. Kamesh Srivastava and others in SLP (Civil) No.- 5311 of 2022 and, therefore, any consideration can be made after decision of the Supreme Court.
In view of the above, this Court directs that insofar as the post-retirement dues are concerned, the respondents have unnecessarily delayed the payment of post-retirement dues.
However, insofar as arrears of the 6th Pay Commission and consequential benefits and the increased pension are concerned, for that the petitioner may approach the authority concerned after the decision of the Supreme Court.
Accordingly, this petition stands disposed of with a direction to the respondents to calculate the entire remaining post-retirement dues, as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order, failing which the petitioner would be liable to be paid interest also .
Liberty rests with the petitioner to approach the authority concerned after the decision of the Supreme Court insofar as the benefit of 6th Pay Commission, pay revision and consequential benefits are concerned.
Order Date :- 27.4.2022 IrfanUddin