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VIJAY KUMAR SHUKLA
Bhageerathi Amma Nair (Prof. ) – Appellant
Versus
Higher Education Department – Respondent
ORDER
1. With the consent of the parties, the matter is heard finally since the pleadings are complete.
2. The present petition is filed by a retired Government employee aged about more than 75 years of age.
3. In the instant petition the petitioner has prayed a direction to the respondents to grant interest @ 8% on retiral dues i.e arrears of gratuity, leave encashment and pension from the date of retirement till date of payment.
4. The facts of the case are that the petitioner who is retired professor from respondent No.2 filed a W.P No.2851/2016 under Article 226 of the Constitution of India seeking a direction to the respondent to grant revised pension with arrears and all pensionary benefits including revised gratuity, leave encashment alongwith arrears in accordance with notification dated 3.8.2009. After hearing the respondents, the said petition was disposed off in the light of the judgment passed in the case of Dr. Surendra Kumar Gupta v. State of M.P and Ors. in W.P No.12169/2013 . The judgment passed in the case of Dr. Surendra Kumar Gupta was affirmed by the Division Bench by dismissing the W.A No.372/2015 filed by the State. Being aggrieved by the said order of the Divisio
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
Retirees are entitled to claim interest on delayed payment of retiral benefits, emphasizing constitutional rights and established judicial precedents.
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
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