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Neutral Citation No. - 2025:AHC:90466 Court No. - 38 Case :- WRIT - A No. - 17404 of 2008 Petitioner :- Som Nath Rathore Respondent :- State of U.P. and Others Counsel for Petitioner :- Lal Chandra Sahu Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. Present writ petition has been filed for following relief:
"(i) issue writ, order or direction in the nature of mandamus commanding the respondents to grant a pension to the petitioner and they may be further
directed to grant 12 per cent interest to the petitioner on the consequential benefits which become payable in between 9.4.1983 to 6.2.1985 along with interest payable under law till the making of the actual payment."
3. Learned counsel for the petitioner has submitted that as per the directions of this Court in Writ Petition No. 2312 of 1988 dated 5.9.1997 has not been implemented in true spirit. The respondents have only paid differential amount but they have not paid 12 per cent interest as directed by this Court. Apart from that, the respondents have also not complied the order dated 10.01.2013. The said order is as under:
"This writ petition was filed for a direction for payment of post retiral benefit of the petitioner. On 07.04.2008 all the respondents were granted four weeks time to file counter affidavit. Again on 22.11.2012 six weeks and no more time was granted to file counter affidavit. Neither any counter affidavit has been filed nor any application for extension of time has been moved. Learned standing counsel prays for further time to file counter affidavit. In the interest of justice, one more opportunity of three weeks time is given to learned standing counsel to file counter affidavit as the matter relates to
payment of post retiral benefit. List this matter on 04.02.2013. The District Inspector of Schools, Bareilly shall pay a cost of Rs. 5000/- to the
learned counsel for the petitioner on the next date from his own pocket. In case, cost is not paid by the District Inspector of Schools, Bareilly, on or before the next date of listing, he shall appear in person before this Court to explain why counter affidavit has not been filed for the last five years. A copy of this order will be supplied to learned standing counsel, free of cost for compliance."
4. Considering the said submissions, learned Standing Counsel has submitted that the petitioner is not entitled for pension. As directed by this Court on 5.7.1997, the differential amount has already been paid. As far as 12 per cent per annum interest as well as the order dated 10.01.2013 is concerned, learned Standing Counsel has submitted that the said amount was not released.
5. In view of the above, the writ petition is disposed of with a direction to respondents to calculate the interest part as directed by this Court along with Rs. 5000/- cost awarded by this Court on 10.01.2013 and pay within a period of two months from the date of receipt of certified copy of this order.
Order Date :- 27.5.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad