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Judgment
Heard learned counsel for the petitioner and Sri M.P. Yadav, the learned counsel for the U.P. Power Corporation.
The petitioner has approached this Court under Article 226 of the Constitution of India for payment of interest on post retiral dues, paid to him with delay.
The submission of the learned counsel for the petitioner is that the petitioner who was holding the post of Assistant Engineer attained on 30.11.2001 the age of superannuation and he was not paid postretiral dues within reasonable period after the date of retirement. The dues were paid to the petitioner in instalment up to the year 2004. Learned counsel for the petitioner has relied upon a judgment reported in (2003) 3 SCC 40, H. Gangahanume Gowda v. Karnataka Agro Industries Corpon. Limited and on the strength of the said decision, he submits that the petitioner is entitled to interest for the delayed payment of post retiral dues. The petitioner has already submitted a representation on 4.2.2005, a copy whereof is Annexure12 to the writ petition.
The competent authority is directed to consider and decide the petitioner''s representation dated 4.2.2005 in accordance with law by a speaking and reasoned order keeping in view the law settled by the Hon''ble Apex Court, referred to hereinabove, within a period of three months from the date of receipt of a certified copy of the present order and communicate the decision to the petitioner.
Subject to above observation, the writ petition is finally disposed of.
(Ordered accordingly)