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Judgment
This petition filed under Article 226 of the Constitution of India is to direct the respondents to release the family pension and other service benefits to the petitioner with a further prayer that payment of interest be allowed at the current market rate from the date of entitlement till the date of actual payment.
The petitioner claims that he was appointed to the post of Assistant Tractor Operator vide order dated 23.07.1975 in the office of District Agriculture Officer, East Garo Hills, Williamnagar. After serving for 13 years as Assistant Tractor Operator, the Director of Agriculture, Meghalaya, Shillong had issued the proposal vide letter No.AGRI(E)/DIR-914(D)/88/9 dated 19.09.1988 for confirmation of Assistant Tractor Operator/Assistant Power Tiller Operator/Assistant Bull Dozer or Bull Dozer Handyman. Accordingly, a request was sent to the District Agriculture Officer, Tura to submit all the required documents along with medical fitness certificate including that of the petitioner so that the matter relating to the confirmation as Assistant Tractor Operator/Assistant Power Tiller Operator/Assistant Bull Dozer or Bull Dozer Handyman could be processed. On submission of the required documents along with medical fitness certificate in compliance to the letter dated 19.09.1988, the services of the petitioner were duly confirmed and regularized by the State respondents.
According to the petitioner, thereafter the Director of Agriculture, Meghalaya, Shillong vide order dated 15.09.1997 promoted the petitioner from the post of Assistant Tractor Operator to post of Tractor Operator. The petitioner after working for more than 40 years superannuated in October, 2015. It was urged that the Assistant Agriculture Engineer (Mech.), East Garo Hills District vide letter dated 23.01.2018 had submitted his service book and other related papers for grant of Assured Career Progression Scheme (ACPS) to the Director of Agriculture, Meghalaya, Shillong. As per the case of the petitioner, on earlier occasion, the Assistant Agriculture Engineer (Mech.), East Garo Hills had submitted the incorrect statement of arrear pay (revise pay of 2017) along with his service book to the Director of Agriculture, Meghalaya, Shillong but subsequently vide letter dated 23.01.2018 had re-submitted the correct service book and other related papers for grant of ACPS, family pension etc. The petitioner repeatedly requested the respondent authorities on several occasions to release his family pension and other service benefits including ACPS but was informed that due to some difficulties, the State respondents are unable to pay family pension and other service benefits without giving any specific reason or justification.
As per averments in the writ petition, Rule 39 sub-Rule (2) (a) of the Meghalaya Civil Services (Pension) Rules and Fifth Amendment Rules, 2010 provides that in case of a Government servant retiring in accordance with the provisions of these Rules after completing qualifying service of not less than 30 years against a sanctioned post/service irrespective of substantive or officiating or temporary appointment, the amount of pension shall be calculated at 50% at average emoluments subject to the maximum of Rs. 24,490/- per mensem. The failure on the part of the respondent-State to release the pension and other pensionary benefits to the petitioner, necessitated him to approach this Court by way of present petition.
Upon notice being issued, affidavit-in-opposition has been filed on behalf of respondents No.1 to 4 stating therein that the respondents never denied payment of family pension and other benefits to the petitioner. It has been averred that in fact a Special Committee was convened for screening for grant of ACPS and the petitioner was considered and recommended for ACPS. The name of the petitioner was approved and financial upgradation was granted. The pay was fixed vide letter dated 06.11.2018. The respondent asserts that the approval of ACPS to the petitioner was required to be recorded in the service book and thereafter to be sent to the office of Accountant General (A&E), Meghalaya, Shillong. The delay in processing the service book of the petitioner was that the petitioner himself did not furnish certain documents to the office of the respondent in time. It was not disputed that after the filing of the writ petition, Rs. 3,39,070/- on account of leave encashment was released on 17.12.2018 whereas, the gratuity amounting to Rs. 2,70,271/- was paid on 01.01.2019. The petitioner is being paid the pension vide Pension Payment Order (PPO) No.PEN(M)2/MG/2019-20/PPO/1889 dated 10.01.2019 issued by the office of the Accountant General (respondent No.5) amounting to Rs. 8156/- P.M.
In view of the above, the claim of the petitioner for release of family pension and other service benefits stands satisfied.
However, learned counsel for the petitioner submitted that the petitioner is entitled to interest on the amount which had been released belatedly. The petitioner contended that he be awarded interest at the prevalent rate w.e.f. the date of his retirement till the date of release of retiral payments. However, State counsel pleaded that due to bad financial health payment got delayed therefore, interest may not be awarded.
Similar plea was considered by the Division Bench of this Court in WA No.34 of 2017 [Azranath M. Momin v. G.H.A.D.C & ors] decided on 18.03.2019. The Division Bench after considering the identical issue, instead of awarding prevalent market rate of interest, awarded simple interest at the rate of 6% per annum, from the date the amount of gratuity and leave salary had become due, till it was released in favour of the petitioner.
Accordingly, in the light of the Division Bench dictum in Azranath M. Momin's case (supra) decided on 18.03.2019, I direct that the petitioner shall be entitled to interest @ 6% per annum on the amount of retiral benefits for the delayed period and the amount of interest shall be accordingly worked out and paid to the petitioner within a period of four weeks.
In view of the above, writ petition stands disposed of.