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A. S. SUPEHIA, MAUNA M. BHATT
KANTILAL CHHAGANDAS PATEL – Appellant
Versus
COMMISSIONER OF HIGHER EDUCATION (SECONDARY SECTION) – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. ADMIT. Learned advocates appear and waive service of notice of admission on behalf of the respective respondents.
2. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the order dated 20.07.2021 passed by the learned Single Judge in the captioned writ petition to the extent of denying the interest on the retirement benefits.
3. Learned advocate Mr.Vaibhav Vyas, appearing for the appellant has submitted that in fact, the appellant would be entitled to interest since he was illegally dismissed from the services on 10.10.1995. It is submitted that the District Education Officer has refused to grant the approval to the dismissal order and hence, the appellant filed an Application No. 119 of 2001 claiming the retirement benefits fixing his pension as well as revision of pay as per 5th Pay Commission. By the judgment dated 17.06.2004, the Gujarat Educational Institutions Services Tribunal, Ahmedabad (hereinafter referred as “the Tribunal”) allowed the application and directed the management to revise the salary and pay the arrears of salary from 01.01.1996 till 31.10.2000 and also to pay the provisional pens
The court established that employees are entitled to interest on delayed retirement benefits when the delay is due to administrative inaction.
The Tribunal erred in attributing delay in pension payment to the petitioner; interest at 6% is due under Clause-5 of the government resolution for delayed retiral benefits.
The court established that failure to complete a departmental inquiry within the prescribed period invalidates the dismissal, entitling the employee to retirement benefits.
Pension is a constitutional right and must be disbursed timely; claims for compensation due to delays require evidence and cannot be resolved in writ proceedings.
Retiral benefits are a right of the employee, and undue delay in their disbursement by the State can lead to the imposition of interest and costs, reflecting the accountability of public authorities ....
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
Point of Law - Service Matter – Benefits of Pension Right of the petitioner to claim the pensionary benefits alive in any other proceedings which may be initiated by the petitioner at the appropriate....
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
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