Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.

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. Engineer (Civil), in Waterways Division, Medninagar, Palamau. The Executive Engineer, Water Ways Division, Medninagar vide letter no.488 dated 29.06.2017 directed the petitioner to hand over his charge. In pursuant thereto, the petitioner handed over the charge on 30.06.2017. The writ petitioner was superannuated on 30.06.2017. After superannuation, the petitioner has submitted his pension paper and other required relevant papers to release all retiral dues.

8. It is the further case of the writ petitioner that he had given many representation to the respondents to release the amount of GPF, Leave Encashment, Gratuity & pension but the same was not released and after lapse of about two years, the same was released on 01.10.2018, 24.09.2018, 12.07.2019 respectively. Thereafter, the petitioner came to know that Rs.5000/- was deducted from his Gratuity without any sufficient reason.

9. The petitioner has given representation to the respondents to pay the interest of GPF, Gratuity, Leave Encashment and Pension but no action has been taken.

10. The petitioner has approached this Court by filing W.P.(S) No.6756 of 2019 which was disposed of vide order dated 13.01.2020 directing the petitioner to file fresh representation raising all the grievances before the competent authority.

11. As per the aforesaid direction, the petitioner has move before the authority but no step has been taken regarding the interest of delayed payment.

12. Subsequently, the petitioner has filed Cont. Case (Cvl.) No.272 of 2022 which was dropped by vide order dated 23.06.2023 as reasoned order has even passed by the respondent vide letter no.418 dated 30.04.2020, as per which, the payment of interest to the petitioner for delayed payment of retiral dues, has been denied.

13. It is evident from the factual aspect as referred above that the petitioner while working as Assistant Engineer had retired from service on attaining the age of superannuation on 30.06.2017. The writ petitioner has submitted the pension form but neither the pension nor the gratuity or leave encashment or GPF has been paid.

14. The writ petitioner has requested the authority repeatedly, but the grievances of the writ petitioner have not been redressed thereafter in the year, 2019, the ritral benefits under different heads has been paid but without any interest. The writ petitioner, thereafter, has to rush to this Court by filing writ petition being W.P.(S) No.6756 of 2019, based upon that, the authority has passed reasoned order on 30.04.2020.

15. The decision has been taken so far as the amount of GPF is concerned that the amount since has already been paid on 01.10.2018 and as such, he is not entitled for the interest. So far as the amount of leave encashment and gratuity are concerned, the same reason has been assigned