JUDGEMENT
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(1.)BY way of this petition under Article 226 of the Constitution of India, the petitioner has claimed
interest at the rate of 13% per annum on delayed
payment of pension and gratuity.
(2.)IT is the case of the petitioner that the petitioner was not paid the retiral benefits and,
therefore, was constrained to file Special Civil
Application No. 10626 of 1998. It was the stand of
the respondents before this Court that Rs.38,495.00
was recoverable from the petitioner. However, this
Court allowed the said petition by order dated
23.02.1999 directing the respondents to disburse the amounts due and payable to the petitioner after
deducting the aforesaid amount of Rs. 38,495.00 from
the amounts to be given to the petitioner. This Court
also provided that the amounts paid to the petitioner
shall also carry interest in accordance with the
prevailing Government Resolutions. In the petition,
the petitioner has asked for interest from 31.12.1997
till 13.8.1999 i.e. from the date of retirement till
the petitioner was paid the amounts of his retiral
benefits.
Learned Advocate Ms. Tejal Shah for the petitioner submitted that there was no reason for not
paying due amounts of the petitioner. She submitted
that the only ground on which the respondents
withheld the retiral benefits of the petitioner was
so called recovery of Rs.38,495.00. Learned Advocate
for the petitioner submitted that the petitioner
could have been paid his due amounts after deducting
the above said amount. She submitted that
unauthorizedly the entire retirement benefits of the
petitioner were withheld and the same were released
only after this Court passed order. She, thus,
submitted that the petitioner is not responsible for
delay in getting retiral dues but the respondents are
responsible in not making payment of the due amounts
of retiral benefits of the petitioner within
reasonable period. She, thus, urged to allow this
petition.
(3.)AS against the above arguments, learned A.G.P. Mr. Ronak Raval appearing for the respondents
submitted that if the petitioner was liable to pay
Rs.38,495.00 and if he had not paid such amount to
the respondents, the respondents could not be said to
be responsible for delay in not releasing the entire
dues of the petitioner. He, thus, submitted that only
after this Court passed order, it was made clear that
the amount due and payable by the petitioner could be
recovered from the due retiral benefits of the
petitioner. He, thus, submitted that since there is
no fault on the part of the respondents in late
release of retiral benefits, petitioner is not
entitled to interest as claimed by him and,
therefore, this petition is required to be dismissed.
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