IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No.129 of 2010 1. Radha Krishna Pandey S/o late Lok Mani Pandey, R/o House No.13, 14 B, New Jain Colony, Rudrapur, District Udham Singh Nagar. 2. C.P. Singh S/o late Sohan Singh, R/o Shanti Bhawan, Luxmi Niwas, Tehsil Road, Amroha, District Jyotiba Phule Nagar (U.P.) 3. H.P. Singh S/o late Bhim Singh, R/o House No.9, Ravindra Nagar, Rudrapur, District Udham Singh Nagar. .…..…… Petitioners Versus 1. Uttarakhand Seeds & Tarai Development Corporation through its Managing Director, Haldi, Pantnagar, District-Udham Singh Nagar. 2. Joint Chief Seeds Production Officer/Incharge Personnel, Uttarakhand Seeds & Tarai Development Corporation, Haldi, Pantnagar, District Udham Singh Nagar. ....……… Respondents Coram:- Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. Present: Mr. B.D. Pande , Advocate for the petitioners. Mr. Rakesh Thapliyal, Advocate for the respondents. Date of Decision: 14.07.2010 J.S. Khehar, C.J. (Oral) According to the learned counsel for the petitioners, the petitioners have retired from the employment of the Uttarakhand Seeds & Tarai Development Corporation, wherein they were holding the posts of Deputy Chief Financial Officer, Deputy Chief Seeds Production Officer and Seeds Production Officer respectively. It is submitted, that the petitioners attained the age of superannuation on 31.08.2009, 30.11.2009 and 31.05.2009 respectively. 2. Despite their retirement on attaining the age of superannuation, it is the contention of the learned counsel for the petitioners, that the petitioners have only been disbursed the provident fund payable to them. It is submitted, that besides the provident fund, no other retiral benefits have been released to the petitioners. According to the learned counsel, the petitioners addressed representations to 2 respondent No.1 claiming their retiral benefits. However, the respondents have failed to take into consideration the claim made by the petitioners through their representations. It is pointed out that having failed at all fronts, the petitioners have eventually approached this Court by filing the instant Writ Petition, so as to claim retiral benefits. 3. Learned counsel for the respondents states, that the respondents shall expeditiously consider the claim of the petitioners for release of retiral benefits. It is further contended, that the respondents shall order the release of such of the retiral benefits to the petitioners as are found to be sustainable in accordance with the prevalent rules. It is submitted, that the aforesaid exercise shall be carried out within four weeks from today. 4. In view of the above, we are satisfied, that the instant Writ Petition deserves to be disposed of at the present juncture with a direction to the respondents to consider the question of release of all retiral benefits (other than provident fund) as became due to the petitioners on the date when they superannuated from service. The asforesaid consideration be completed within two weeks from today. If the petitioners are found to be entitled to any further retiral benefits, the same shall be released to them within a further period of two weeks. In case, the respondents arrive at the conclusion, that the petitioners are not entitled to one or the other of the retiral benefits claimed by them in their representations, respondent No.1 i.e. the Managing Director, Uttarakhand Seeds & Tarai Development Corporation shall pass a well reasoned speaking order informing the concerned petitioners, why his/their request for a particular benefit has been declined. The aforesaid speaking order shall be communicated to the concerned petitioners within four weeks from today. In case the exercise of disbursing retiral benefits to the petitioners is completed in terms of the undertaking given to this Court on behalf of the respondents, there shall be no question of payment of any interest on the retiral dues claimed by the petitioners. However, in case appropriate orders are not passed by the respondents or in case the pending retiral benefits are released to the petitioners beyond the time stipulated above, it shall be open to the petitioners to claim 3 interest with effect from the date when retiral benefits became due to them in the first instance. 5. The instant writ petition is disposed of accordingly. Order Dasti on payment of usual charges. (Sudhanshu Dhulia, J.) (J.S. Khehar, C.J.) 14.07.2010 P. Singh