Allahabad High Court
Brijmohan Verma vs Managing Director And 3 Others on 1 April, 2022
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 4332 of 2022 Petitioner :- Brijmohan Verma Respondent :- Managing Director And 3 Others Counsel for Petitioner :- Ashutosh Kumar Rai Counsel for Respondent :- Suresh Singh Hon'ble Ajit Kumar,J.
Heard Sri Ashutosh Kumar Rai, learned counsel for the petitioner, Sri Shadab Hussain, learned Advocate holding brief of Sri Aditya Bhushan Singhal, learned counsel for the contesting respondents 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 of dues and arrears of 6th Pay Commission.
Learned counsel for the petitioner submits that the petitioner was retired from service on 31.12.2017, however, the post-retirement dues has remained unpaid.
Sri Aditya Bhushan Singhal, 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 and for which they are bound to pay interest also as they have paid in those cases where the employees have retired prior to process of bifurcation of U.P. Jal Nigam into two departments.
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 and also due interest thereupon from the date it became due till the date it is actually paid, as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.
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 :- 1.4.2022 IrfanUddin