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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Hrudananda Mall – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. delayed payment of family pension and gratuity. (Para 1 , 2 , 4 , 5 , 6) |
| 2. state's argument against liability for delay. (Para 7 , 8) |
| 3. court examines responsibility for delay. (Para 10 , 11 , 12 , 13) |
| 4. interest entitlement for delayed payment. (Para 14 , 15) |
| 5. court's directive on interest payment. (Para 16 , 17) |
JUDGMENT :
1. The present Writ Petition has been filed by the Petitioners with a limited prayer for a direction to the Opposite Parties to pay interest at the rate of 18% per annum for the delayed period of payment of family pension as well as gratuity as the authorities have admittedly paid the same after a lapse of five and half years from the date of death of the Government employee till receipt of the family pension and gratuity amount on 10.05.2022 in terms of the provisions contained under OCS (Pension) Rules, 1992. He also prayed for quashing of the order dated 30.12.2023 passed by the Opposite Party No.1 under Annexure-13 to the Writ Petition.
The wife of the present Petitioner No.1 late Dr.Bijaya Bhanja, while working as Doctor under the Government of Odisha engaged in ESI Hospital, died on 22.01.2017. Initially she joined as Insurance Medical Of
Delay in disbursing pension and gratuity obligates the government to pay interest as mandated by OCS Pension Rules, reinforcing the rights of employees to timely benefits.
The main legal point established in the judgment is the liability to pay interest for delayed disbursement of statutory dues as per Rule-49(5) of the Orissa Pension Rules and constitutional provision....
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 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....
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
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....
Employees' rightful entitlement to salaries and pensions, and the need for equitable considerations in cases of deferred payments.
The State is liable to pay interest on delayed pension and retiral benefits, emphasizing timely disbursement and accountability for negligence.
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