Jayant Banerji, J. - (1.) By means of this Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, the petitioner-appellant has challenged the judgement and order 15 February 2018, passed by the learned Judge in Writ-A No. 38144 of 2011 (Suryamani Yadav Vs. State of U.P and others), whereby, the claim of the petitioner-appellant for payment of interest on the amount with-held by the respondents authorities has been denied and the writ petition has been disposed of.
(2.) In the writ petition, petitioner-appellant had stated that he was initially appointed on the post of Salesman and thereafter, he was promoted on the post of Manager at U.P. Employees Welfare Corporation, Police Line Department, Allahabad. The petitioner-appellant made an application for voluntary retirement which was accepted and in pursuance thereof, the petitioner-appellant was retired on 30 August 2006. Thereafter, the petitioner-appellant made a representation for payment of his retiral dues. When that was not paid, the petitioner-appellant filed a petition in this Court being Civil Misc. Writ Petition No. 11224 of 2008 which was disposed of on 27 February 2008 with a direction to the authorities concerned to decide his representation. Thereafter, on the petitioner's representation, the Executive Director of the U.P. State Employees Welfare Corporation by means of an order dated 22 December 2008 observed that the petitioner-appellant had not handed over several documents of the Corporation including cashbook, wages register, ledger, stock register and sale summary register. It was observed that the aforesaid documents were in the custody of the petitioner-appellant and same was not returned by him because of which, the Corporation was put to great difficulty inasmuch the recovery of lacs of rupees was adversely affected and the work of the Corporation also suffered tremendously. Therefore, it was decided that out of the total outstanding retiral dues of Rs. 3,88,291.00, a sum of Rs. 50,000/ be retained and rest was permitted to be released. The petitioner-appellant was further directed to produce all the required documents forthwith and after receipt of the documents, the balance amount of Rs. 50,000/ would be paid to him.
(3.) The contention of the petitioner-appellant is that despite passage of long time, the amount of Rs. 50,000/ that was with-held by the authorities has not been paid. In the aforesaid backdrop, Writ-A No. 38144 of 2011 was filed.;