This court held that retiral benefits are an entitlement and not a bounty. It directed the respondent to pay all withheld retiral benefits within two months, with 8% interest payable for delayed release.
Direction to release withheld retiral benefits within two months with 8% interest on delay.
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Court No. - 40
Case :- WRIT - A No. - 7292 of 2020
Petitioner :- Smt.Suraj Kali Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Neeraj Kumar Tripathi Counsel for Respondent :- C.S.C.,Rajmani Yadav
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Akhilesh Kumar Singh learned counsel for the respondents.
Petitioner has retired from the employment of Nagar Nigam, Prayagraj on 31.5.2019 from the post of Safai Karmchari. Grievance is that though pension has been sanctioned to petitioner but other retiral benefits have not been paid, so far.
Sri Akhilesh Kumar Singh, learned counsel for the respondent no.2 submits that grievance of the petitioner would be examined and the amount due and payable to the petitioner would be released, expeditiously.
Law is settled that payment of retiral benefits is the entitlement of an employee for the past services rendered and is not a bounty. Such benefits cannot be withheld indefinitely.
In view of the above, this petition is disposed of with a direction upon the respondent no.2 to ensure that all withheld retiral benefits due and payable to petitioner is released, in accordance with law, within a period of two months from the date of presentation of certified copy of this order. In case amount due and payable is not released within the period specified, petitioner shall be entitled to interest at the rate of 8% per annum on the withheld amount.
Order Date :- 18.9.2020 Anil
1 issue framed by the court
Whether the petitioner is entitled to receive withheld retiral benefits.
Smt. Suraj Kali
State Of U P
2 Others
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
