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Allahabad High Court

Ramesh Chandra Jain vs Managing Director, Uttar Pradesh Jal ... on 27 April, 2022

Author: Ajit Kumar

Bench: Ajit Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 6235 of 2022
 

 
Petitioner :- Ramesh Chandra Jain
 
Respondent :- Managing Director, Uttar Pradesh Jal Nigam (Urban) And 2 Others
 
Counsel for Petitioner :- Subodh Kumar Rai
 
Counsel for Respondent :- Suresh Singh
 

 
Hon'ble Ajit Kumar,J.
 

Heard.

This petition filed for post retirement dues along with interest as the petitioner stood retired from the establishment on 31.10.2010. His pension was paid but the arrears from 2019 till date were not paid.

Sri Harshwardhan Gupta, learned counsel for respondent nos. 2 & 3 submits that as per the instructions obtained by him, the entire payment has come to be made to the petitioner. However, he has no instruction regarding interest claimed by the petitioner.

Copy of the instructions are placed on record and a copy of the same has also been supplied to learned counsel for the petitioner in the Court itself.

In so far as the arrears of pension is concerned, cause no more survives, but question of interest is still to be considered by the respondents as the delayed payment has been made of arrears of pension due from 2019 till date of disbursement of the same and petitioner has not been found liable for the delayed payment.

Accordingly, this petition stands disposed of with the direction that in case if in the matter of payment of interest upon delayed payment of arrears of pension, petitioner has been discriminated against with those identically placed employees, the claim of the petitioner for interest, as admissible in law, over and above, the delayed payment of arrears of pension shall be considered strictly in accordance with law and in case if his claim found to be valid the same shall be calculated and be paid to the petitioner within next two months time.

Order Date :- 27.4.2022 IrfanUddin