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Neutral Citation No. - 2025:AHC:112391 Court No. - 5 Case :- WRIT - A No. - 9431 of 2025 Petitioner :- Aish Mohammad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shrawan Kumar Tripathi Counsel for Respondent :- C.S.C.,Harshit Pandey Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Shrawan Kumar Tripathi, learned counsel for petitioner, Sri Brijendra Mani, learned Standing Counsel for State- Respondents and Sri Harshit Pandey, Advocate for Respondents-3 and 4.
2. Petitioner got retired on 30.11.2024 from the post of Sweeper from Nagar Palika Parishad, Basti. He has approached this Court that his retiral dues, leave encashment, gratuity, arrears of pension, bonus of three years etc. were not paid.
3. Learned counsel appearing for Respondents-3 and 4, on basis of written instructions, submits that, in all, petitioner is entitled for about Rs. 19 lacs towards retiral dues, out of which about Rs. 17 lacs have already been paid in different installements and last payment was made on 11.07.2025. He also assures that remaining amount of about Rs. 2 lacs will be paid within four weeks from today.
4. Learned counsel for petitioner submits that petitioner being an illiterate person is not able to convey proper instructions though on basis of written instruction, submission made by learned counsel for respondents with regard to payment, cannot be doubted at this stage. He further submits that since there is delay of about six months in aforesaid payment, therefore, petitioner is entitled for
interest at the rate of 18% per annum. In this regard he refers a
judgment passed by Supreme Court in the case of Dr. A. Selvaraj vs. C.B.M. College and others, 2022(4) SCC 627, though in the
facts of said case delay was about seven years.
5. Learned Standing Counsel appearing for State-Respondents submits that soon after the petitioner got retired, process was initiated for payment of retiral dues and as soon as it was crystalized and monthly funds were available substantial dues was paid.
6. I have considered above submissions and perused the material available on record.
7. Out of above referred about Rs. 19 lacs towards retiral dues, within 6-7 months a substantial amount of about Rs. 17 lacs have already been paid. Petitioner has not informed his counsel about said payment which shows lack of bona fide.
8. I have also considered the issue of interest on delayed payment as well as judgment passed by Supreme Court in Dr. A. Selvaraj (supra). In the present case, delay is about 6-7 months, which may be required for due procedure. There is no intentional delay on behalf of respondents, therefore, prayer for interest is rejected. However, it is directed that if aforesaid remaining amount of about Rs. 2 lacs is not paid within a period of six weeks from today, it will invite interest at the rate of 8% per annum from today.
9. With aforesaid observation, this writ petition is disposed of.
Order Date :- 14.7.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad