Honourable Sudhir Agarwal, J. - (1.) HEARD Sri Mirza Ali Zulfaquar, Advocate for petitioner, learned Standing Counsel for respondent No. 1, Sri Ajay Singh, Advocate for respondent Nos. 2,3 and 4 and Sri Dhananjay Awasthi, Advocate for respondent No. 5. With the consent of learned counsel for the parties, this writ petition is being decided finally under the Rules of the Court at this stage.
(2.) THE perennial complaint of harassment of a retired employee on account of non-payment of his retiral dues is again a cause of action in this writ petition. Time and again, this Court has expressed its concern and many a time has taken serious view, imposing penal interest and exemplary cost on the employer and other authorities responsible for delay in payment of retiral dues which is a fundamental right of employee concerned within the purview of Article 21 of the Constitution, yet has not resulted in improvement. THE employer and other authorities, responsible for such payment, are unabatedly going on causing a constant harassment to the poor retired employees taking advantage of their helplessness. This is really unfortunate and shameful. The petitioner, in this case, a Class III employee was initially appointed as Booking Clerk in the erstwhile U.P. Transport in 1971 and was promoted to the post of Office Assistant in 1978. The post of Office Assistant Grade-ll is a pensionable post. The petitioner after attaining the age of superannuation retired from the post of Office Assistant Grade-I on 31 st July, 2005 when he last performed his duties in the office of Asst. Regional Manager, U.P. State Road Corporation, Basti i.e. respondent No. 4 (hereinafter referred to as "Corporation"). Despite the fact that petitioner services as Office Assistant Grade-ll was pensionable yet Corporation did not take any step for payment of pension. Lately, on 28th October, 2006 a departmental circular was issued under the signature of Finance Controller of Corporation informing all concerned authorities in the Corporation that vide Government Order dated 20th October, 2004, pension has been allowed to all employees under the Government Rules for employees who were engaged between 1.6.1972 to 19th June, 1981. Besides, the employees holding pensionable service/post were to return employer's contribution after while exercising option, therefore, Regional Commissioner (Pension) proposed that the employees' contribution as well as the employer's contribution towards provident fund be deposited in the Corporation's accounts. The petitioner submitted his requisite documents along with option in the office of Provident Fund Commissioner on 30th August, 2005. All other concerned documents were submitted in the office of Corporation. The respondent No. 5 however sent employees' contribution through cheque in September, 2005 but employer's contribution remain unpaid as a result whereof pension was not paid. Accordingly, the petitioner sent a representation dated 1st June, 2006 to respondent No. 5 requesting him to furnish employer's contribution to Corporation at the earliest so that he may get his pension.
(3.) THE employees' contribution to the tune of Rs. 3,55,000/- was paid to the petitioner but since the employer's contribution was not received by Corporation, the petitioner could not get his pension. In this regard, he sent a representation dated 15.12.2007 to the Corporation also. Reminders also sent on 29th February, 2008, and, 30th March, 2008 and thereafter this writ petition was filed. While entertaining writ petition on 6th May, 2008 this Court permitted the petitioner to implead respondent No. 5 and passed the following order: "Petitioner is permitted to implead Assistant Provident Fund Commissioner, Gorakhpur as respondent No. 5. The petitioner retired from the post of Office Assistant Grade-I from the office of the Assistant Regional Manager, U.P. State Road Transport Corporation, Basti, respondent No. 4 on 31.7.2005. His grievance is that he is not being paid his post retiral dues and pension. Sri Ajay Singh who has put in appearance on behalf of respondent Nos. 2 to 4 wants to seek instruction in the matter. On his request, put up on 12.5.2008.";