In this writ petition, the court directed the State of U.P. to release the petitioner's post-retiral dues and outstanding salary arrears within two months, disallowing a technical objection due to the provision of the Service Book.
Directing respondents to pass order for post-retiral dues and arrears within two months with interest.
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Court No. - 2
Case :- WRIT - A No. - 4557 of 2018
Petitioner :- Devendra Singh Respondent :- State Of U.P And 2 Ors. Counsel for Petitioner :- Rohit Kumar Singh Counsel for Respondent :- C.S.C.,Manu Saxena
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Rohit Kumar Singh for the petitioner and Sri Rishap Srivastava, holding brief of Sri Manu Saxena Standing Counsel for the respondents.
This writ petition has been filed for mandamus directing the respondents to release all post retiral dues of the petitioner.
It has been stated that the petitioner attained the age of superannuation from the post of Head Clerk on 31.7.2016. There was some arrears of salary of the petitioner which was not paid. After retirement, the post retiral dues have not been paid.
In the counter affidavit, one objection has been taken that the petitioner has not deposited his Service Book, therefore, his post retiral dues could not be finalized, nor order could be passed in this respect. However, in order to avoid any technical objection, the petitioner has attached copy of the Service Book along with the rejoinder affidavit. Thus, in the light of objection raised by the respondent, now the Service Book has been provided to counsel for the respondent and he may remit the same to the concerned authorities.
The writ petition is disposed of directing the concerned authorities to pass order in respect of post retiral dues, as well as arrears of salary of the petitioner within two months from today. Needless to say that the petitioner will be entitled to interest for delayed payment.
Order Date :- 23.2.2018 Jaideep/-
2 issues framed by the court
Whether to direct the respondents to release the petitioner's post-retiral dues and arrears of salary.
Whether to overcome the respondent's technical objection regarding the non-submission of the Service Book.
Devendra Singh
State Of U.P
Ram Surat Ram Maurya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
