Withholding Retiral Benefits Of Employees A Sin, Public Functionaries Obliged To Be People-Oriented: Allahabad High Court

In a recent case seeking post-retiral benefits, the Allahabad High Court has held that withholding retiral dues is not only arbitrary but also a sin in the absence of provisions penalising such actions of employers, especially the State instrumentalities.

Justice Kshitij Shailendra observed that such withholding was morally and socially obnoxious. 

“Withholding of retiral benefits of retired employees for years together is not only illegal and arbitrary but a sin if not an offence since no law has declared so. The officials, who are still in service and are instrumental in such delay causing harassment to the retired employee must however feel afraid of committing such a sin. It is morally and socially obnoxious. It is also against the concept of social and economic justice which is one of the founding pillars of our constitution.” 

The Court observed that under the Constitution of India, the real power lies with the people. The public functionaries are “obliged to be people-oriented.”

“A public functionary cannot be permitted to act like a dictator causing harassment to a common man and, in particular, when the person subject to harassment is his own employee.”

The petitioner was appointed as a Safai Karmchari in 1990 and was regularized in 2008. He retired from his post after attaining the age of superannuation in 2020. The petitioner approached the High Court since his post-retiral benefits including pension have not been released in his favour despite applications moved by him before the municipality.

The Court observed that the Allahabad High Court in Mukti Nath Rai v. State of U.P. (through the Superintending Engineer, P.W.D.) and others had issued a general mandamus to all the State Departments to expeditiously complete all formalities for releasing the post retiral dues.

Expressing his anguish over the gross negligence of the Government Officers in releasing retiral dues, Justice Shailendra observed that the departments are not obeying the general mandamus of the High court and, therefore, this Court is flooded with hundreds and thousands of writ petitions claiming post retiral benefits.

Taking a stern view on the matter, the Court directed the Chief Secretary to issue circulars to all departments regarding the disbursement of retiral dues in terms of the judgment of this Court in Mukti Nath Rai.

“The Registrar General of this Court is directed to send a copy of this order to the Chief Secretary of the State Government, U.P., Lucknow for the purposes of issuance of requisite circular to all the Departments under the control of the State Government to ensure that the directions issued by this Court in the case of Mukti Nath Rai (supra), as mentioned herein above, be complied with in their true letter and spirit so that the State, its instrumentalities and common man may not indulge in unnecessarily litigation.”

The Court directed the Executive Officer, Nagar Palika Parishad to decide the application of the Petitioner at the earliest.

Case Title: Ram Kumar vs. State of U.P. and Another [WRIT - A No. - 12283 of 2023]

Case Citation: 2023 LiveLaw (AB) 291

Counsel for Petitioner: Harishchandra Dubey

Counsel for Respondent: Gautam Dubey

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