SUREPALLI NANDA
G. Venkati – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard the learned counsel for the petitioner and learned counsel for the respondents.
2. This Writ Petition is filed seeking a writ of mandamus to declare the entire action of the respondents in releasing the retirement benefits of the petitioner with abnormal delay of more than four years from the date of petitioner’s retirement without any fault from the petitioner’s side, despite petitioner submitting his pension papers within time as highly illegal, arbitrary, unjust, colorable excise of power, vindictive attitude and opposed to Articles 16 and 300A of the Constitution of India and consequently direct the respondents to pay interest @ 24% per annum for the period from the date of retirement to till the actual payment is made i.e. between 31.10.2016 and 30.04.2020.
3. Perused the record.
4. The petitioner on an occasion approached this Court by filing Writ Petition No. 29357 of 2017. This Court passed interim direction on 31.08.2017 in WPMP No. 36535 of 2017 in W.P. No. 29357 of 2017, directing the respondents to forthwith release the pension and other retirement benefits of the petitioner duly accepting the pension proposals forwarded by the 2nd respondent consequent on
D.D. Tewari (Dead) through LRs. vs. Uttar Haryana Bujlivitran Nigam Limited and Others
D.D. Tewari (D) through LRs. vs. Uttar Haryana Bijli Vitran Nigam Ltd. and Others
The main legal point established is that delayed retirement benefits are subject to interest under the Constitution of India and the Payment of Gratuity Act, 1972.
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