Allahabad High Court
Satya Narayan Singh vs Managing Director, U P Jal Nigam And 3 ... on 12 April, 2022
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 5109 of 2022 Petitioner :- Satya Narayan Singh Respondent :- Managing Director, U P Jal Nigam And 3 Others Counsel for Petitioner :- Ashutosh Kumar Rai Counsel for Respondent :- Pranjal Mehrotra Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties and perused the record.
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 post retirement dues i.e. leave encasement, group insurance, gratuity, arrears of Dearness allowance, arrears of salary etc. and also arrears of 6th Pay Commission and revised pension accordingly.
Learned counsel for the petitioner submits that the petitioner was retired from service on 31st January, 2021, however, the post-retirement dues has remained unpaid.
Sri Anubhav 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 finds 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 petitioner shall be entitled to interest as such.
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 :- 12.4.2022 Atmesh