Siddharth, J. - (1.) This writ petition has been filed by the petitioner praying for a direction to the respondent No.3, Regional Manager, U.P. State Road Transport Corporation, Agra for paying interest on the arrears of Rs.82,650/- of Gratuity and leave encashment paid to the petitioner with delay after his retirement on 31.7.2014.
(2.) His contention is that vide order dated 19.12.2015 Regional Manager of the Corporation at Agra held that the petitioner has been paid Gratuity of Rs.450026.00/- on 5.5.2015, leave encashment amount on 3.6.2015 when he has retired on 31.7.2014. No interest has been awarded to him on the delayed payment of Gratuity and leave encashment amount and his prayer has been turned down vide order dated 19.12.2015 by the Regional Manager of the U.P. State Road Transport Corporation at Agra on the ground that the financial condition of the Corporation is not good and therefore, no liability of interest can be saddled upon the Corporation.
(3.) Learned counsel for the petitioner has relied upon the judgment of this court in the case of Shiv Shankar Mishra Vs. State of U.P. and others, 2015 3 ADJ 302(D.B.) wherein this court has held as follows:- "The present case is an unfortunate instance where an employee has been left in the lurch after having rendered long years of service. Both the arrears on account of salary as well as pensionary dues have not been paid on time. When the appellant had moved a writ petition before the Court, an order was passed on 11 September 2013 directing the payment of the admitted arrears within four months and for immediate steps to determine the pensionary dues. This order was not complied with following which, he was constrained to file contempt proceedings. It is only thereafter that on 18 March 2014 the payment of arrears of salary from August 2010 until February 2013 was made. It was only then that the appellant was also paid arrears on account of gratuity, pension and other retiral dues. There was no reason or justification to withhold the payment of salary during the period when the appellant had worked when salary fell due for payment or for the non payment of pensionary and retiral dues, the latter within a reasonable period of retirement. There was no lapse on the part of the appellant. The paucity of funds cannot surely be held up as an excuse not to pay the salary of an employee who had worked for the period for which his salary is due. Similarly, pensionary dues constitute a rightful entitlement of an employee. The State cannot be heard to say that it would fail to pay the pension on time and yet excuse itself from the liability to pay interest.";