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2025 Supreme(Online)(SC) 9928

SUPREME COURT OF INDIA
SURYA KANT, JOYMALYA BAGCHI, JJ
STATE OF U.P. & ANR. – Appellant
Versus
RATNESH SAXENA & ANR. – Respondent
Petition(s) for Special Leave to Appeal (C) No. 29932/2025



Advocates:
For the Appellants/Petitioners: Mr. P. S. Patwalia, Sr. Adv., Mr. Rana Mukherjee, Sr. Adv., Mr. Rajeev Kumar Dubey, Adv., Mr. Krishnam Mishra, Adv., Mr. Ashiwan Mishra, Adv., Ms. Aditi Mishra, Adv., Ms. Vidushi Pandey, Adv., Mr. Eshan Kumar Saxena, Adv., Mr. Himanshu Kumar, Adv., Mr. Subham Bahuguna, Adv., Mr. Kamlendra Mishra, AOR
For the Respondent(s):

The court determined the necessity of balancing compliance with interest payments against delays caused by retirees in seeking redress.

Headnote:In this case, the petitioner contended that the learned Single Judge mandated an 8% interest on the arrears of retiral benefits. The court found that most benefits were paid and instructed that remaining interest must be cleared in four weeks but allowed a plea on delays by retirees. The special leave petition was disposed of accordingly.

Table of Content
1. substantial compliance with court orders. (Para 1)

O R D E R

1. Mr. P.S. Patwalia, learned senior counsel appearing for the Signature Not Verified Digitaplly seignted biytioners, very fairly submits that the orders passed by the NITIN TALREJA Date: 2025.10.18

10:11:03 IST Reason:

learned Single Judge and the Division Bench in the instant case have been substantially complied with, except that the interest component has not been paid. In this regard, he refers to paragraph 7 of the order of the learned Single Judge dated 19.09.2023, whereunder 8% interest has been awarded on the arrears of retiral benefits. It is urged that if there is an inordinate delay on the part of the retiree in approaching the Court, the High Court ought not grant interest at least for the period during which no action was taken by the aggrieved retiree.

2. We have considered the submissions. In view of the fact that most of the retiral benefits have been paid to respondent No.1, we are not inclined to interfere in the matter. The petitioners may therefore release the interest amount in favour of respondent No.1 within a period of four weeks. However, liberty is granted to the petitioners to raise an objection before the High Court against the grant of interest in such cases where the retirees are responsible for an inordinate delay in approaching the Court. Such a plea shall be considered by the High Court in the facts and circumstances of each case and in accordance with law, notwithstanding the award of interest directed by the impugned judgment.

3. In view of the fact that we have granted four weeks further time to the petitioners to pay the remaining dues, the contempt proceedings are directed to be deferred for a period of eight weeks to enable the authorities to meanwhile comply with the directions. Consequently, the personal appearance of the officers shall also remain dispensed with.

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