ORDER

Order No. 08.04.2026

01. The State and its officials are invoking the appellate jurisdiction of this Court for laying a challenge to the orders dated 10.11.2022 and 11.12.2023 made by the learned Single Judge, whereby the W.P.(C) No.29806 of 2022 filed by the sole Respondent herein having been favoured, interest at the rate of 18% was awarded and that came to be scaled down to 7% on the delayed payment of pension.

2. Having heard learned AGA-Mr. Jee appearing for the Appellants and having perused the appeal papers, we decline indulgence in the matter, inasmuch as pension is not a bounty but a justiciable right said the Apex Court in Deokinandan Prasad v. State of Bihar, AIR 1971 SC 1409 and reiterated in D.S. Nakara v. Union of India, AIR 1983 SC 130. The said profound statement was made by the Apex Court after seeing the culpable conduct of State and its entities in delaying or denying pension to an employee who demits office after shedding his sweat, if not blood, in the public service. Further, it is also held by the Apex Court that amount payable to a pensioner constitutes a property under Article 300A of the Constitution of India and withholding it amounts to temporary requisition, which cannot be done except in accordance with law. Whenever terminal benefits are settled belatedly, the pensioner is entitled to interest on the delayed payment, as observed in State of Kerala v. M. Padmanabhan Nair, AIR 1985 SC 336. The impugned order of the learned Single Judge accords with this long standing jurisprudence. Even under the provision of the Interest Act, 1978, delayed payment attracts interest in varying rates. Learned Single Judge has chosen to levy 18% earlier and that has been scaled down to 7%, rightly.

Above apart, the appeal is filed after brooking a delay of 100 days and an application in I.A. No.2134 of 2024 supported by affidavit is moved seeking its condonation. We need not undertake a deeper examination of this aspect of the matter, since on merits itself the appeal is unworthy of consideration.

In the above circumstances, appeal being unworthy of merits is liable to be rejected and accordingly it is, in lemine. The order of the learned Single Judge shall be given effect to immediately, failing which the interest rate at 7% would stand enhanced to 18% per annum. The interest component may be recovered from the erring officials of the State.

Registry to send a copy of this order to the Respondent-employee immediately by speed post.

Web copy of this order to be acted upon by all concerned.