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2025 DAILYLAW 15586 (ALL)

SUBHASH CHAND VERMA v. STATE OF U.P. AND 3 OTHERS

WRIA/48779/2017 · 2025-02-26

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27849 Court No. - 10 Case :- WRIT - A No. - 48779 of 2017 Petitioner :- Subhash Chand Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh,Shreeprakash Singh Counsel for Respondent :- C.S.C.,Shashi Prakash Rai,Vivek Verma Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Mr. Shreeprakash Singh, learned counsel for petitioner and Mr. Manvendra Dixit, learned Standing Counsel for State respondents. 2. The petitioner is constrained to approach this Court again, since his initial grievance for grant of pension, on basis of order passed by this Court in previous round of litigation was though substantially addressed, still he remained aggrieved on two factors, firstly, there was a delay in grant of pension on which he demands interest and secondly, there was an error in fixation of his last drawn pay, on which pension was fixed. 3. Learned counsel for petitioner submits that release of retiral benefit, pension, computation amount and leave encashment etc of the petitioner was granted on 14.02.2016, after order dated 25.02.2016 passed by this Court in previous round of litigation, however, he submits that the same were granted after a delay of fourteen months, despite a copy of this Court's order was served upon the concerned respondent on 03.03.2016. He prays that both aforesaid grievances of the petitioner may be considered. He also submits that not much objection, by contesting respondents, has been made during exchange of pleadings. 4. Learned Standing Counsel submits that prayer of the petitioner will be considered, in accordance with law, within a short period. 5. Taking note of aforesaid submissions as well as considering that no appropriate explanation has been made in the counter affidavit, with regard to claim of interest on delay, therefore, without going much into the further merit of the case, this writ petition is disposed of observing that the claim of petitioner, for re-fixation of his last drawn pay be considered in accordance with law. The Court also takes note of official procedure, for grant of pensionary benefits etc, may take a few months, therefore, the petitioner may be given interest, on delayed payment, at the rate of six percent for a period of nine month. Order Date :- 27.2.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad