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NAMIT KUMAR
Ram Lubhaya – Appellant
Versus
Punjab State Power Corp. Ltd. – Respondent
JUDGMENT
Namit Kumar, J. (Oral)
The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India seeking a writ of mandamus for issuance of directions to the respondents to grant 18% interest on the delayed payments of retrial benefits such as gratuity, arrears of pension and arrears on account of release of time bound promotional scales after 09 years and 16 years of service.
2. Brief facts of the case, as have been pleaded in the petition, are that the petitioner joined the service of the respondents as Store Munshi on work charge basis on 01.03.1977 and thereafter as regular Telephonist from 05.08.1978. He was promoted to the post of Upper Division Clerk in 1987 and thereafter, as Revenue Accountant on 02.04.1991 and retired as such on 30.04.2010, on attaining the age of superannuation of 58 years.
3. It is the case of the petitioner that pursuance to the financial circular dated 23.04.1990, the petitioner was entitled for grant of time bound promotional scales on completion of 09 years and 16 years of service w.e.f. 01.04.2000 and 01.04.2007, respectively. He submitted application/option dated 11.05.2001 for the release of 09 years promotiona
Government employees are entitled to interest on delayed retirement benefits when payments are unjustifiably withheld, as established by precedent.
Delay in releasing retrial benefits entitles the retiree to interest, as established by precedent.
The court ruled that an employee is entitled to interest on delayed pensionary benefits due to employer's failure to process claims timely, establishing a duty to adhere to settled law.
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....
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
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