AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner has preferred this writ petition seeking 12%
interest on delayed payment of retiral benefits, payment of
selection grade and leave encashment to the petitioner.
This Court has taken note of the fact that the petitioner was
superannuated on 31.05.2003. The retiral benefits, selection
grade, leave encashment and gratuity were paid to the petitioner
in the year 2011.
The respondent has admitted in their reply that the total
retiral benefits were paid only on the directions of the Hon''ble
Division Bench judgment of this Court passed in D.B. Civil
Special Appeal No.537/2003 (The Rajsthan Cooperative
Diary Federation Limited & Ors. Vs. Inder Singh] decided on
03.08.2004. All the consequential benefits have been paid to the
petitioner only on 19.01.2011 i.e. after the gross delay of about
seven years.
In view of the aforesaid discussion, this Court is of the
opinion that the petitioner is entitled to simple interest @ 6% p.a.
on the benefits accrued and granted to the petitioner in the Year
2011. The interest shall be payable from the date of Division
Bench order i.e. 03.08.2004 to 19.01.2011 when the actual
benefits were paid. This is without prejudice to the fact that the
respondents have arrived at the amount to be paid on their own
assessment after considering the order of the Division Bench.
In view of the above, the writ petition is allowed accordingly.