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2025 DAILYLAW 57134 (ALL)

GURU PRASAD v. STATE OF UP AND 3 OTHERS

SPLA/433/2025 · 2025-05-13

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78569-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 433 of 2025 Appellant :- Guru Prasad Respondent :- State Of Up And 3 Others Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Learned Single Judge has awarded a sum of Rs.5,000/- towards interest on account of delayed release of retiral benefits to the writ petitioner. Admittedly the writ petitioner has attained the age of superannuation on 31.7.2020. It appears that there was some error in the writ petition, as a result of which learned Single Judge was misled in believing that the retiral benefits have been paid within 7 months of retirement. Our attention has been invited to page 45 of the paper book, according to which such amount of retiral benefits were released in the account of the appellant by RTGS on 4.10.2024. It is submitted that the delay is actually more than 4 years. Learned counsel for the appellant also submits that the contribution of management was also not paid in time, as a result of which the appellant has to suffer loss of interest. Considering the facts and circumstances of the present case, we modify the judgment and order passed by learned Single Judge dated 7.4.2025 and dispose of this appeal with a direction upon the respondent no.3 to examine the grievance of petitioner and to ensure that retiral dues including provident fund is credited to the account of the appellant as per his entitlement. If any interest is found due in terms of the scheme, the same shall be credited to the account of appellant within a period of two months from the date of presentation of a certified copy of this order. With the above observations/directions, this special appeal stands disposed of. Order Date :- 14.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad