Allahabad High Court
VISHAL SINGHversusTHE STATE OF UP AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The petitioner is entitled to interest on the retained amount at 6% per annum.
Summary
Vishal Singh filed a writ petition alleging that the State of Uttar Pradesh illegally retained Rs.6,16,413 of his post‑retiral benefits for about ten months before refunding the amount on 2 May 2026. The petitioner sought interest on the delayed payment, arguing that the retention was unlawful. The court noted that the refund had been made but the period of retention justified interest. It held that the petitioner was entitled to interest at 6% per annum for the time the amount was retained. Accordingly, a mandamus was issued directing the authority to credit the interest to the petitioner’s bank account within three weeks, and the writ petition was allowed.
Issues considered
- Whether the petitioner is entitled to interest on the amount of Rs.6,16,413 that was retained by the respondents for about ten months.
- Whether the writ petition becomes infructuous after the refund of the principal amount.
Subjects
- post-retiral benefits
- interest
- mandamus
- writ petition
- refund
- illegal retention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 4998 of 2026
Vishal Singh
.....Petitioner(s)
Versus
The State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Archana Singh, Bramh Narayan Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Today when the matter is taken up Shri Kartikeya Saran, learned
Additional Advocate General, State of U.P. along-with Shri Vijay
Shankar Prasad, learned Additional Chief Standing Counsel and Shri
Chandan Kumar, learned Standing Counsel put up their appearance on
behalf of Respondents.
2. Personal affidavit on behalf of Respondent No.3 filed today in the
Court, the same is taken on record.
3. It is stated in paragraph-10 of the aforesaid affidavit that pursuant to the
order passed by this Court dated 09.04.2026 the amount which was
deducted from the post retiral benefits of the petitioner amounting to
Rs.6,16,413/- was refunded to the petitioner by way of payment credited
to his bank account No. 30019131666 through C.O. No. 258 dated
02.05.2026.
4. In this view of the matter, it is argued that the present writ petition has
become infructuous and liable to be dismissed as such.
5. At this point of time, a prayer has been made by the counsel for the
petitioner that since the aforesaid amount was illegally retained by the
respondents at-least for a period about 10 months, the petitioner is also
entitled for the interest of the aforesaid amount.
6. After hearing the aforesaid, the Court is of the prima facie opinion that
the petitioner is entitled for the payment of interest on the aforesaid
WRIA No. 4998 of 2026
2
amount. Hence, a mandamus is issued to the authority concerned to make
the payment of interest to the petitioner of the aforesaid amount for the
period the same has been retained @ 6% p.a., and the interest amount
should be credited in the Bank Account of the petitioner within a period
of three weeks from today, failing which the petitioner is free to
approach this Court again.
7. With the aforesaid observations, the writ petition is finally allowed.
(Prakash Padia,J.)
May 6, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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