Smt.Kamla Devi Shrivastava vs State of M.P.

Sujoy Paul, J.—With the consent of parties, matter is finally heard. The grievance of the petitioner was regarding nonpayment of arrears of revised salary, pension and other retiral dues. Respondents have filed their return and stated that PPO has already been issued and payment will be made shortly. In addition, it is contended that arrears of revised salary has also been paid. In support of this contention, the documents at page 10 & 11 are filed.

Learned counsel for the petitioner submits that if anything remains, petitioner be given liberty to prefer a representation with the direction to the respondents to decide it within a stipulated time. It is further contended that a time limit be fixed for enforcement of PPO by making actual payment. In addition, Shri Sharma submits that petitioner is entitled interest on delayed payment because the delay is solely attributable to the respondents.

Ms. Patankar Government Advocate submits that PPO has already been issued and arrears have been paid. Still if anything remains, petitioner''s representation will be considered and she opposed for grant of interest on delayed payment.

I have heard learned counsel for the parties.

I deem it proper to give liberty to the petitioner to prefer a representation if any amount is still due. In the event of filing of such representation, the competent authority shall decide it within 03 months by a reasoned order. So far payment of pension is concerned, it is expected that pursuant to PPO, aforesaid payment shall be made within 30 days. So far the question of interest is concerned, this is settled in law that when delay is attributable to the employer and employee can not be blamed for the same, interest should be paid. This view was taken by Supreme Court in Union of India Vs. Justice S.S. Sandhawalia (Retd.) and others, A Division Bench of this Court in State of M.P. and Others Vs. Ramji Das Agarwal, also considered the statutory provision for grant of interest and directed payment of interest to the employee.

Considering the aforesaid, respondents are directed to examine the reasons of delay in making the payment and if petitioner is not responsible for the same, shall pass appropriate order for granting interest to the petitioner and shall also pay interest for the same.

Let the aforesaid exercise be made within 03 months. Interest shall be paid as per the statutory rate mentioned in Ramji Das Agrwal''s case (supra). Petition stands disposed of.