- (1.) THE present writ petition has been filed, interalia, praying for issuance of writ in the nature of mandamus for award of interest on the delayed payment of the retiral benefits payable in respect of the deceased husband of the petitioner.
(2.) WE have heard Sri Vipin Saxena, learned counsel for the petitioner and Sri A.N. Shukla, learned Standing Counsel appearing for the respondents No. 1 to 4. The husband of the petitioner Ajay Kumar was working as Assistant Engineer in the Irrigation Department of the State of U.P. He died in service while he was posted at Saharanpur on 30.11.1994. The respondents did not pay his postretiral benefits including family pension on the ground that some advances were outstanding against him. From the enquiry report filed as Annexure-1 to the writ petition, it is clear that the petitioner was transferred from Kanpur to Saharanpur in August 1986. But the then Executive Engineer Sri P.P.N. Singh kept on withdrawing the money and raising amount as advances to the petitioner from September 1986 to August 1987 when the petitioner was working at Saharanpur and there was no question of advancing any amount to the petitioner at Kanpur, The enquiry report which is of January 1998 filed as Annexure-1 to the writ petition, also reveals that the main responsibility was of the Executive Engineer Sri P.P.N. Singh. However, in pursuance of the enquiry report, no further action was taken in the matter but the postretiral benefits were released on 1.9.2000.
(3.) THE consistent view of the Apex Court is that for delayed payment of postretiral benefits, interest should be awarded if it is found that the delay was caused due to inaction of the respondents. Reference in this regard may be made to the following decisions: (1) Stete of Kerala and others v. M. Padmanabhan Nair, AIR 1985 SC 356 (paras 2 and 3) (2) O.P. Gupta v. Union of India and others, 1987 UPLBEC 583 (SC) (para 24) (3) R. Kapurv. Director of lnspection (Painting and Publication) Income Tax and another, (1995) 1 UPLBEC 89 (SC) (paras 9 and 10) (4) S. R Bhanrate v. Union of India and others, AIR 1997 SC 27 (paras 4 and 5) (5) Dr. Uma Agrawal v. State of U.P. and another, (1999)2 UPLBEC 1006 (SC) (paras 1,2 and 5) (6) Vijay L. Mehrotra v. State of U.P. and others, (2000) 2 UPLBEC 1599 (paras 3 and 4) (7) S.K. Dua v. State of Haryana and another, (2008) 1 UPLBEC 301 (SC) (para 11) ;