D. S. Tripathi, J. - (1.) By means of this writ petition filed under Article 226 of the Constitution, prayer has been made to issue writ, in the nature of mandamus directing the respondents to pay interest on delayed payment on the amount of General Provident Fund (hereinafter referred to as 'GPF'). Further prayer has been made to issue writ, in the nature of mandamus directing the respondents to release the amount of gratuity due to the petitioner alongwith interest at the rate of 18% per annum w.e.f. 29.2.2004.
(2.) Facts giving rise to this writ petition, in brief, are that the petitioner was initially appointed as Line Inspector in U.P. State Electricity Board (hereinafter referred to as 'the Board') on 1.3.1968, and subsequently he was promoted to the post of Assistant Engineer in the said Department. The Board has been reconstituted and it has been named as U.P. Power Corporation Ltd. Petitioner retired on 29.2.2004 from the post of Assistant Engineer. The amount of leave encashment was sanctioned to the petitioner vide order dated 4.10.2004. The outstanding amount of travelling allowance advance was adjusted from the aforesaid sanctioned amount of leave encashment. Pension is being paid to the petitioner. The amount of GPF has been paid to the petitioner on 11.12.2007 after considerable delay of more than three years. The amount of gratuity has not been paid to the petitioner till date. The Accounts Officer, Pension, U.P. Power Corporation Ltd., sent reminder dated 23.6.2007 to the Executive Engineer and concerned Accounts Officer, Pay and Accounts, Lucknow to submit certain information, which were not provided by them. Delay in payment of the gratuity amount is causing hardship to the petitioner. Hence, the respondents may be directed to pay interest on delayed payment of GPF amount and they may be also directed to release the amount of gratuity due to the petitioner with 18% interest per annum.
(3.) Counter affidavit and rejoinder affidavit have been exchanged.;