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VAIBHAVI D. NANAVATI
Jagdishchandra Amratlal Andhariya, Residing At – Appellant
Versus
Registrar, Maharaja Krishnakumarsinhji Bhavnagar – Respondent
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:
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 main legal point established in the judgment is that a former employee is entitled to interest on delayed retirement benefits if the delay is attributable to the employer, as per the Railway Serv....
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
Government employees are entitled to interest on delayed payment of pension and gratuity, and the rate of interest is determined based on the date the amount has fallen due, as per relevant legal pro....
The court ruled that the Secretary must properly examine administrative lapses in delayed pension payments, as mandated by Section 197-A of the Assam Service (Pension) Rules, 1969.
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