IMPORTANT POINT
The pension and other retiral benefits are valuable rights and property in the hands of the government servants. Any delay in settlement and disbursement should be viewed seriously, and heavy interest may be imposed.

JUDGMENT

1. W.P. (C) No.541 of 2021 has been filed by the seeking a writ of mandamus directing the respondents to take immediate necessary steps for payment of petitioner's pension and other retiral benefits within a time frame and also to direct the second respondent to immediately issue the retirement order of the petitioner.

2. W.P.(C) No.1 of 2022 has been filed to direct the respondents to give the petitioner interest at the rate of 18% per annum on the amount of petitioner's retiral/terminal benefits, including retirement gratuity for the period from the due date till the date of actual payment and to quash the second sentence appeared at paragraph 6 of the order dated 22.12.2021.

3. Since the issue involved in both the petitions is one and the same, they were heard together and disposed of by this common order.

4. Heard Mr. Ng. Kumar, learned counsel for the petitioner; Mrs. Ch. Sundari, the learned Government Advocate for the respondent State and Mr. I. Somorjit, learned junior counsel to Mr. S. Samarjeet, learned Sr. PCCG for the respondent Accountant General.

5. Mr. Ng. Kumar, the learned counsel for the petitioner submitted that after filing of W.P.(C) No.541 of 2021, on 22.12.2021, the Joint Secretary, Education (S), Government of Manipur issued an order allowing the petitioner to retire from service with effect from 28.2.2021 on attaining the age of superannuation. Thus, the only prayer now pending consideration in W.P.(C) No.541 of 2021 is payment of petitioner's pensionary benefits and other retiral benefits.

6. Mr. H. Samarjit, the learned Government Advocate for the respondent State also submitted that the retirement order in respect of the petitioner was issued on 22.12.2021 with effect from 28.2.2021 pursuant to the report of the Director of Education (S), Manipur.

7. In view of the aforesaid submissions of learned counsel for the parties, the prayer for issuance of the retirement order was satisfied by issuance of the order dated 22.12.2021 allowing the petitioner to retire from service with effect from 28.2.2021.

8. Insofar as the prayer for payment of petitioner's pensionary benefits and other retiral benefits, the learned counsel for the petitioner submitted that the petitioner did not occupy any Government accommodation nor was there any outstanding dues whatsoever against him and there is also no departmental enquiry pending against him. However, the respondents have not taken steps to settle the pension and other retiral benefits till now quite arbitrarily. He would submit that already more than a year elapsed from his date of retirement, but not a single rupee of his monetary/retiral benefits like pension, gratuity, leave encashment, GPF, Group Insurance etc. have been given to the petitioner. The petitioner is the head and also the only earning member of his family which consists of five members and his monthly salary is the only source of income.

9. The learned counsel further submitted that the petitioner has been compelled literally to become a beggar running from pillar to post for borrowing money from his relatives and friends for maintaining his family, especially during hard times of Covid-19 pandemic and the petitioner is put to very precarious condition.

10. The learned counsel urged that it is a matter of great pity and disgrace that the petitioner after rendering service for about 33 years as a teacher is compelled to live in penury. The Hon'ble Apex Court time and again held that pension and gratuity are no longer matters of any bounty to be distributed by Government, but are valuable rights and property in their hands and any delay in settlement and disbursement whereof should be viewed seriously and dealt with severely by imposing penalty in the form of interest. In this case, admittedly, there is a delay in disbursement of pensionary and other monetary benefits and therefore, this Court while directing the respondents to disburse the entitled retirement benefits may order interest at the rate o