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Judgment
MD. SHABBAR RASHIDI, J:-
Petitioner, State and respondent nos. 3 and 4 are represented.
At the time of hearing, it is submitted by the learned advocate for the petitioner that the petitioner has already received the post retiral-benefits in respect of the writ petitioner. He submits that such benefits were paid to the writ petitioner after around five years from the superannuation of the writ petitioner. He submits that for such delay in making the payment of the post-retiral entitlements of the petitioner, the fault for delayed payment cannot be attributed to the writ petitioner.
In such circumstances, the petitioner is entitled to interest for the delay in payment of the post-retiral benefits of the writ present petitioner.
Learned advocate for the petitioner refers to prayer “B” of the writ petition.
According to the learned advocate for the writ petitioner, interest at the rate of 12% per annum on the outstanding post-retirement benefits of the writ petitioner has been sought in the present writ petition. Learned advocate for the petitioner submits that so far as the prayer “A” of the writ petition is concerned, it stood specified that the payment of the post-retirement benefits of the writ petitioner.
In support of his contention, learned advocate for the petitioner relied upon (2014) 8 Supreme Court Cases 894 [D.D. Tewari (Dead) Vs. Uttar Haryana Bijli Vitran Nigam Limited & Ors.] and (2022) 4 Supreme Court Cases 627 (Dr. A. Selvaraj Vs. C.B.M. College & Ors).
Learned advocate for the State-respondents submits that the promotion granted to the writ petitioner was neither within the knowledge of the department nor was it approved by the department. She also submits that due to such lack of knowledge of the promotion, the State-respondents have to verify the promotion granted to the writ petitioner. Such time was consumed in such verification. She submits that the delay in making of the post-retirement benefits of the wit petitioner is not attributable to the department and, as such, the department should not be burdened with paying interest.
Present writ petitioner was a mess employee under Bidhan Chandra Krishi Viswavidyalaya (BCKV) under the control of the University in the pay scale of Rs. 300 - Rs. 525 by an order dated April 16, 1985 by the Registrar of the University. The writ petitioner continued to serve as mess employee till July 20, 1995. Thereafter, the petitioner was appointed as a Junior Assistant under BCKV against a sanctioned regular vacancy by an order of the Registrar dated July 20, 1995. His services were confirmed in the respondent University with effect from July 1, 2004 by an order passed by the Registrar of the University on September 15, 2004.
Subsequently, the writ petitioner was promoted to the post of Senior Assistant in the pay scale of Rs. 4525 – 10175/- with effect from February 22, 2006 by an order dated March 24, 2006. He was again promoted to Junior Superintendent with effect from January 1, 2014. The writ petitioner had served in various posts in BCKV. He ultimately superannuated from service on March 31, 2021. By various orders, the writ petitioner was held entitled for monthly pension at different rates from time to time and the pension was released during the pendency of the instant writ application. However, the amount towards leave salary and gratuity was not paid to the writ petitioner until March 27, 2026 after a delay of around five years in releasing such payments.
It has been submitted by the learned advocate for the petitioner that such payments were cleared by the authorities in favour of the present writ petitioner after a delay and as such, the writ petitioner is entitled to interest on the delayed payment.
In D.D. Tewari (Dead) (supra), the Hon’ble Supreme Court held as follows :-
“6.It is an undisputed fact that the appellant retired from service on attaining the age of superannuation on 31-10-2006 and the order of the learned Single Judge after adverting to the relevant facts and the legal position has given a direction to the respondent employer to pay the erroneously withheld pensionary benefits and the gratuity amount to the legal representatives of the deceased employee without awarding interest for which the appellant is legally entitled, therefore, this Court has to exercise its appellate jurisdiction as there is a miscarriage of justice in denying the interest to be paid or payable by the employer from the date of the entitlement of the deceased employee till the date of payment as per the aforesaid legal principle laid down by this Court in the judgment referred to supra. We have to award interest at the rate of 9% per annum both on the amount of pension due and the gratuity amount which are to be paid by the respondent.
7.It is needless to mention that the respondents have erroneously withheld payment of gratuity amount for which the appellants herein are entitled in law for payment of penal amount on the delayed payment of gratuity under the provisions of the Payment of Gratuity Act, 1972. Having regard to the facts and circumstances of the case, we do not propose to do that in the case in hand.
8.For the reasons stated above, we award interest at the rate of 9% on the delayed payment of pension and gratuity amount from the date of entitlement till the date of the actual payment. If this amount is not paid within six weeks from the date of receipt of a copy of this order, the same shall carry interest at the rate of 18% per annum from the date the amount falls due to the deceased employee. With the above directions, this appeal is allowed.”
Similarly, in Dr. A. Selvaraj (supra), the Hon’ble Supreme Court laid down as follow :-
“13.In view of the above discussion and for the reasons stated above, the present appeal succeeds. The impugned judgment and order passed by the Division Bench of the High Court and that of the learned Single Judge denying the interest on delayed payment of retirement benefits to the appellant is hereby quashed and set aside. The Management/Trustees/College are hereby directed to pay the interest on the delayed payment of retirement benefits to the appellant, from the date of retirement till the actual payment was made, subject to the final decision that may be taken by the Government on the objections to the enquiry report that may be filed by the former Secretary and/or the College and it will be open for the College/Management/Trustees to recover the same from the person, who, ultimately is held to be responsible for the delay.
14.The payment of interest on delayed payment of retirement benefits to be paid strictly within a period of six weeks from today. In the meantime, the Government to pass a final order on the enquiry report after giving an opportunity to the College/Management/former Secretary. It goes without saying that it would be open to the aggrieved party to challenge the said decision before the appropriate forum.”
So far as the present case is concerned, it is an admitted position that the writ petitioner superannuated from service on March 31, 2021 and the payment of gratuity and leave salary was made to the credit of the writ petitioner on March 27, 2026. There is a considerable delay in making the payment.
Applying the ratio laid down by the Hon’ble Supreme Court in the matter of D.D. Tewari (Dead) (supra) and in Dr. A. Selvaraj (supra), the writ petitioner is entitled for the interest on the delayed payment of his post-retiral benefits.
Taking into consideration the facts and circumstances of the present case, I am of the opinion that the interest at the rate of 6 % per annum on the delayed payment of gratuity and leave salary, with effect from the date of his retirement i.e. March 31, 2021 till the payment of the same in full, may be granted to the writ petitioner. The respondents will make such payment within a period of four weeks from date.
Initially, the necessary payments as directed by this order shall be made by the State Government through the University and in turn, the University will release the same in favour of the writ petitioner. The State will provide the necessary funds for the aforesaid payments.
With the aforesaid directions, the instant writ petition being WPA 16992 of 2024 stands disposed of.
Urgent Photostat Certified copy of this judgment, if applied for, be supplied expeditiously after complying with all necessary legal formalities.