Back
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Virendra Kumar Pandey, son of Late Ram Achal Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sujit Narayan Prasad, A.C.J.)
I.A. No.8427 of 2024
1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 118 days in preferring this Letters Patent Appeal.
2. Heard.
3. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation.
4. Accordingly, I.A.No.8427 of 2024 is allowed and delay of 118 days in preferring the appeal is condoned.
L.P.A. No.434 of 2024
Prayer
5. The instant appeal under Clause-10 of Letters Patent is directed against the part of order dated 29.02.2024 passed by the learned Single Judge of this Court in W.P.(S) No.5913 of 2023, wherein the prayer of the interest upon the delayed payment pension has been granted but the interest on the delayed payment of other heads of retiral benefits, have been denied.
6. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, which read as under:-
7. It is the case of the writ petitioner that the petitioner was lastly posted as Asst. E
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
The main legal point established in the judgment is that a retired employee is entitled to interest at 18% per annum for delayed payment of pensionary dues, including GPF amount, as per the Odisha Ci....
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
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 ....
Pension - Pension, gratuity and other retirement benefits are no longer matters of any bounty to be distributed by the Government but are valuable rights acquired and property in their hands and any ....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
