JUDGMENT :

Dr. D.P. Choudhury, J.

Challenge has been made to the inaction of the opposite parties for not sanctioning the interest on the delayed payment of the pension and gratuity.

FACTS

2. The factual matrix leading to the case of the petitioner is that the petitioner initially joined as Supervisor, telecommunication under erstwhile Orissa State Electricity Board (hereinafter called “the Board”) and after rendering more than 28 years of service promoted to the rank of Assistant Engineer on 17.5.1996. At that time Board was re-designated as Grid Corporation of Orissa (GRIDCO) in accordance with the Orissa Electricity Reform (Transfer of undertaking, Assets, Liability and Personnel) Rules, 1996. Be it stated that the aforesaid Rule was framed under the Orissa Electricity Reform Act 1995 under which the services of all the Telecommunication Engineers including the petitioner appointed under the Board were transferred to GRIDCO for permanent absorption with effect from 1.4.1997.

3. It is the case of the petitioner that from 1.4.1997 the employees whose services seized with Board got absorbed with the GRIDCO would get pension after absorption under GRIDCO, petitioner submitted application for voluntary retirement and vide order No.72794 dated 22.12.1998 the authority under GRIDCO accepted the voluntary retirement of the petitioner and accordingly the petitioner got retired from GRIDCO voluntarily on 31.1.1999.

4. In the meantime Government of Orissa in the Department of Energy sought option from the petitioner whether he would draw the pension from the Government or not and the petitioner along with similarly situated Engineers opted to draw their pension from the Government till the date of their permanent absorption in GRIDCO. Pending consideration of such option, the petitioner was sanctioned payment of provisional pension with effect from 1.4. 1997 but he was not paid with such provisional pension till 8.4.2009. After the Additional Secretary to Government in the Department of Energy issued a letter on 30.1.2009 to the District Treasury Officer, Khurda stating that the petitioner has not been paid with provisional pension, commuted value of pension and gratuity vide Annexure-6. Petitioner was paid with all his pensionary benefits, i.e., the pension from 1.4.1997 to 31.3.2009 amounting to Rs.10,44,116/- and gratuity of Rs.1,49,350/- on 8.4.2009. Such pension was only paid without any interest to the petitioner.

5. Be it stated that the petitioner is no way responsible for the delay occurred during the process of sanctioning and disbursing the pensionary benefits although the petitioner supplied all information in time when the authority sought for same in respect of pension. Due to the inaction of the opposite parties petitioner had also filed a writ application vide O.J.C. No. 9922 of 2001 with a prayer to fix up his pay in accordance with Rule 74 (b) of the Orissa Service Code which was disposed of on 6.8.2004 with a direction to the present opposite parties to inform the petitioner about the requirements for sanction of regular pension and after necessary compliance of the present petitioner, the opposite parties would take a decision within a period of two months. In spite of the order of this Court no communication was made by the opposite parties to the present petitioner about the requirements and formalities. However, later the Government sought for original service proofs of the petitioner from the GRIDCO. Since the order could not be complied, the petitioner had filed CONTC No.65 of 2005 before this Court and in that contempt petition the Principal Secretary to Government, Department of Energy informed the Court that vide letter No.3081 dated 9.3.2005 the pension, gratuity and commuted value of pension of the petitioner has been sanctioned and his pay has been fixed under Rule 74(b) of the Orissa Service Code. After