IMPORTANT POINT
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.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Heard Mr. Kashyap R. Joshi, learned advocate appearing for the petitioner, Mr. Denish Morakhia, learned advocate for Mr. Hriday Buch, learned advocate appearing for the respondent no.1- University and Ms. Pooja Ashar, learned Assistant Government Pleader appearing for the respondent nos. 2 to 4.

2. By way of the present petition, petitioner herein has challenged the order dated 08.12.2016 passed by the Gujarat Educational Institutions Service Tribunal in Application No. 1 of 2014 (new Application No. 1944 of 2014), whereby, petitioner’s application before the Tribunal, which is duly produced at Annexure-A, Pg. 19 seeking the prayers as prayed for the interest accrued on the delayed payment of the retiral dues to the tune of Rs.6,22,914/- alongwith Rs.10,000/- as costs. On 24.01.2014, by filing the said application, the petitioner in para-4 to 6 stated the following, which read thus:

“(4) I, the applicant, state that after my voluntary retirement on 30/04/2011, the Respondent No.1 University sent the pension case of the applicant to the Respondent No.2, the Commissioner of Higher Education for approval vide its letter dated 14/06/11. The copy of the said letter is produced herewith as Enclosure – 5. In connection with the said letter, it was informed by the Respondent No.2, the Office of the Commissioner of Higher Education vide its letter dated 21/07/11 to the Respondent No.1, the University that, the selection grade of Rs.14940/- and the R.O.P-09 of the applicant have not been verified by the competent authority and therefore, the case should be submitted again after removing the said two objections, and the pension case was sent back. The copy of the letter dated 21/07/11 of the Respondent No.2 is produced herewith as Enclosure – 6.

After the objection was raised by the Respondent No.2 with respect to the pension case of the applicant, the University took the time of one year, ten months and five days to remove the said objection, which is too long. The applicant received the selection grade of Rs.14,940/- on 04/07/99. Therefore, it was the responsibility of the Respondent No.1, the Bhavnagar University, to get it verified by the competent authority at the respective time. The said verification was not done by the University at the respective time and therefore, the objection was raised in the pension case of the applicant.

(5) The applicant had done the Ph.D in the year 1999. Therefore, two increments were given to him as per the rules prevalent at that time. An entry in this regard was made in the applicant’s service book by the Registrar of the University. The Respondent No.2 had also made an entry in this regard in the applicant’s service book. The applicant was given the benefit of the Sixth Pay Commission by the University. The applicant states that, after the fixation of pay as per the Sixth Pay Commission, it was necessary for the Respondent No.1 University to affix a sticker in the service book after getting the said new pay scale verified. In this regard, a circular dated 27/07/2010 was issued by the Finance Department. In connection with the same, though it was necessary for the University to get the pay fixation verified online or by the Local Fund Accounts, the Respondent No.1, University did not carry out the said procedure. And in the case of the applicant, no such procedure was carried out till the applicant voluntarily retired on 30/04/11. Due to this fact, the objection was raised in the pension case of the applicant, which caused a delay in the payment of retirement benefits and regular pension benefits to the applicant. The applicant states that the said delay has been caused only because of the Respondent No.1, University and Respondent No.2, the Commissioner of High Education. The orders regarding the fixation of pay were made by the Accounts Officer, Pay Verification Unit, Local Fund on 28/12/2012 after the correspondence by the applicant. The copy of the said order dat