Neutral Citation No. - 2025:AHC-LKO:1031 Court No. - 6 Case :- WRIT - A No. - 7677 of 2018 Petitioner :- Dr. Deep Kumar Gupta Respondent :- State Of Up Thru. Prin. Secy. Deptt. Of Irrigation Counsel for Petitioner :- Dipak Seth,Ratnesh Chandra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Ratnesh Chandra, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. Prayer made in the present writ petition is with regard to grant of interest on delayed payment of post retiral dues of the petitioner, who retired from the post of Engineer-in-Chief from Irrigation Department in 2007 and his post retiral dues were paid only on 19.09.2016. 3. It has been submitted by learned counsel for the petitioner that petitioner was initially appointed on the post of Assistant Engineer (Civil) on 15.01.1969 and subsequently, was promoted to the post of Executive Engineer and again the petitioner was promoted to the post of Chief Engineer in 2004. 4. It is next submitted by learned counsel for the petitioner that petitioner was promoted to the post of Chief Engineer (Civil)-II in 2004 and Engineer-in-Chief (level IV) in 2008. At the time of petitioner's promotion to the post of Engineer-in-Chief, DPC was not convened by the respondents and accordingly petitioner approached this Court by filing Writ Petition No. 1090 (S/B) of 2006 which was disposed of by this Court by order dated 18.08.2006, directing the respondents to consider the case of the petitioner for selection of petitioner to the post of Engineer-in-Chief /HOD, Irrigation Department. The respondents initiated disciplinary proceedings against petitioner by serving two charge sheets dated 29.08.2006 upon the petitioner. The said charge sheets were challenged by the petitioner before this Court by filing Writ Petition No. 1236 (S/B) of 2006, wherein interim order dated 08.12.2006 was passed and both the charge sheets were stayed by this Court. The respondents were directed to open the recommendation of DPC and give effect to the promotion of the petitioner. 5. Thereafter, petitioner was promoted but inquiry against him remained pending. The Writ Petition No. 1236 (S/B) of 2006 was finally decided by means of order dated 23.04.2014, noticing the fact that the petitioner has filed reply to the charge sheets and has also retired from service on attaining age of superannuation, and directed the respondents to conclude disciplinary proceedings pending against the petitioner in accordance with law expeditiously. It is in pursuance to the directions of this Court that disciplinary proceedings were concluded on 01.09.2015 and 21.09.2015 and the inquiry was dropped. It is noticed that during pendency of disciplinary proceedings, post retiral dues of the petitioner could not have been paid, in the light of provisions contained in Rule 351A of the Civil Service Regulations read with Rule 919 of the Financial Hand Book and immediately after conclusion of disciplinary proceedings, the petitioner was paid the outstanding amount of post retiral dues on 19.09.2016 i.e. after a period of eleven years. 6. In the present writ petition the petitioner has sought direction to the respondents to pay interest on delayed payment of arrears of pension and gratuity. It is noticed that during the period disciplinary proceedings were pending against petitioner, the respondents could not have paid the pension to the petitioner in the light of Article 351A of Civil Service Regulations read with Rule 919 of the Financial Hand Book. With regard to delay in payment statutory provision also exists in Rule 7(3)(i)a of the Rules where as per various notifications issued from time to time the petitioner can seek interest on delayed payment of gratuity. Delay if any, has been from conclusion of disciplinary proceedings till the date of actual payment with regard to pension. 7. According to the respondents, upon retirement of petitioner, considering the fact that disciplinary proceedings were pending against petitioner, provisional pension was duly sanctioned in 2007 but there is no explanation for the delay from the date of conclusion of inquiry till the date of payment. 8. Accordingly, there has been slight delay in making payment of pension to the petitioner, accordingly, present writ petition is partly allowed with direction to the respondents to pay sum of Rs.5,000/- (Rs. Five Thousand) only to the petitioner within six week from the date of production of certified copy of this order. 9. It is open for the petitioner to approach the competent authority with regard to interest on delayed payment of gratuity, in case he chooses to move a claim in this regard before the competent authority. In case any such claim is made by the petitioner, the competent authority shall consider and decide the same within two months from the date of such claim. Order Date :- 6.1.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench