Retired police personnel challenged the rejection of his claim for interest on delayed retiral benefits, citing his spouse's refusal to cooperate in the verification process. The court held the State not responsible for such delays and dismissed the writ petition.
Writ petition dismissed as no interference is required.
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Court No. - 40
Case :- WRIT - A No. - 7196 of 2020
Petitioner :- Shiv Mohan Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohammad Sadab Khan Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a retired police personnel who had earlier approached this Court for a direction upon the authorities to release his retiral benefits. The writ petition was disposed of on 11.5.2017 but monetary benefits were released to him on 18.2.2019 and 22.2.2019. Petitioner approached this Court once again by filing Writ Petition No.1916 of 2020 for payment of interest on delayed release of retiral benefits and this Court directed the authority concerned to consider the claim of petitioner. Petitioner's claim has been considered and rejected by the order impugned. It is recorded that in terms of the applicable Government Order the petitioner was required to appear alongwith his wife for processing of claim as her signatures were also required to be verified, but she failed to turn up. It is after much correspondence that the processing could be completed and payment has ultimately been released. The order impugned records that the delay in release of amount was not due to any inordinate delay on part of the authorities concerned. Admittedly the petitioner was having matrimonial dispute with his wife and therefore she was not cooperating.
Be that as it may, it is not in dispute that in terms of the applicable Government Order the signatures of wife were also required alongwith her presence before the authorities. In case delay in release of amount was occasioned on account of nonco-operation of petitioner's wife, the authorities of the State cannot be blamed. Petitioner may be an unfortunate sufferer of on-going matrimonial dispute but for such reasons the authorities of the State cannot be held responsible. No interference, therefore, is required in the order impugned.
Writ petition, accordingly, is dismissed.
Order Date :- 16.9.2020 Anil
2 issues framed by the court
Whether the State authorities can be held responsible for delay in pension release caused by the non-cooperation of the petitioner's wife during the claim processing stage.
Whether the petitioner's grievance regarding delay in retiral benefits due to his spouse's refusal to cooperate warrants judicial intervention.
Shiv Mohan Singh
State of U.P.
Another
Ashwani Kumar Mishra
As recorded by the court registry
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