DR. UMA AGRAWAL versus STATE OF U.P. AND ANR

Delay in disbursement of retiral benefits was inordinate and inexcusable, particularly as actions mandated by Rules and instructions should have commenced two years prior to retirement. Petitioner suffered hardship as a cancer patient. Interest of Rs.1 lakh awarded as quantification for delayed payment instead of remanding the matter for calculation.

Parties: Petitioner: Dr. Uma Agrawal; Respondent: State of U.P.; Respondent: Director General, Medical Health, U.P.
Jurisdiction: India
Judgment Date: 22 March 1999
Procedural Posture: Writ Petition (civil) / Final Disposition
Outcome: Petition allowed; disposed of.
Legal Topics: Retiral Benefits, Delay in Disbursement, Interest on Pension, Uttar Pradesh Fundamental Rules

Service Law Retiral Benefits Delay in Disbursement Interest on Pension Uttar Pradesh Fundamental Rules

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Dr. Uma Agrawal

Petitioner

State of U.P.

Respondent

Director General, Medical Health, U.P.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

1 Whether delay in disbursement of retiral benefits to a government servant is excusable and whether interest is payable for such delay

Ratio Decidendi

Court Disposition

Petition allowed; disposed of.

Orders

Interest payable is quantified at Rs.1 lakh and directed to be paid to the petitioner within two months.
No order as to costs.