Sompal Singh vs. State Of U.P. And And 3 Others
Held
The Court held that retiral dues cannot be withheld except in accordance with law. It directed the petitioner to approach respondent no. 4 with a copy of the order. Respondent no. 4 was directed to inform the petitioner within one week about the specific documents required. The petitioner was granted two weeks thereafter to submit his defense or documents. The respondents were then mandated to pass an appropriate order regarding the balance dues within a further six weeks. Any amount found due and payable was to be released promptly, and specific reasons for withholding retiral benefits were to be disclosed. Liberty was reserved for the petitioner to challenge any adverse order. The Court did not expressly decide on the legality of the withholding prior to these directions, focusing instead on procedural resolution.
Facts
The petitioner, Sompal Singh, who retired on December 31, 2019, approached the High Court alleging unauthorized withholding of a significant portion of his retiral benefits without disclosure of reasons. The respondents, State of U.P. and others, stated that a sum of Rs. 10,52,532.00 was released on January 30, 2021. However, the petitioner was unaware of this credit. The respondents indicated that the balance amount was withheld pending the submission of GST Vouchers by the petitioner. The Court noted that retiral dues cannot be withheld except in accordance with law.
Key Issues
1. Whether the respondents have lawfully withheld the balance of the petitioner's retiral benefits, and if not, what is the procedure for their release? (Mixed question of law and fact, concerning principles of service law and administrative procedure). Petitioner's Contention: The petitioner argued that his retiral benefits were being unlawfully withheld and that reasons for such withholding had not been disclosed. He sought the release of the outstanding dues. Respondents' Contention: The respondents contended that a portion of the retiral benefits had been released and that the remaining amount was withheld due to the petitioner's failure to furnish GST Vouchers. They relied on the need for proper documentation for the release of funds.
AI-generated summary — verify with the full judgment below
Court No. - 33 Case :- WRIT - A No. - 2076 of 2021 Petitioner :- Sompal Singh Respondent :- State Of U.P. And And 3 Others Counsel for Petitioner :- Kshitij Shailendra,Akanksha Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Ashwani Kumar Mishra,J.
Grievance is that respondents have unauthorizedly withheld large part of the retiral benefits and even reasons have not been disclosed in respect thereof.
While entertaining writ petition time was granted to respondents to obtain instructions. Instructions have been obtained, according to which, a sum of Rs. 10,52,532.00 has been released to the petitioner vide order dated 30.1.2021.
Learned counsel for the petitioner, however, is not aware about such amount having been credited to the account of the petitioner.
As per instructions, certain documents are still awaited from the petitioner in the form of GST Vouchers, on account of which, balance amount has not been paid.
Petitioner has already retired on 31st December, 2019.
Retiral dues of petitioner cannot be withheld except in accordance with law.
In the facts of the case, it will be appropriate to permit the petitioner to approach respondent no. 4 alongwith a cop
The judgment continues below.
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