Anil Kumar Gupta vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned AC to SC 21 for the State.

The issue which now remains in the present application is the payment of interest for the delay in making payment of admitted retiral dues of the

petitioner. As far as the issue of entitlement of pension is concerned, as has been submitted by learned counsel for the petitioner, the same is under

consideration before the Hon’ble Supreme Court.

In such view of the matter, the issue of entitlement of pension to the petitioner shall be governed by the final decision of the Hon’ble Supreme

Court.

Coming to the issue of interest for the delayed payment, the service of the petitioner was regularized in the year 2010 though with effect from 2006.

However, he superannuated in the year 2011, and in terms of the then existing rules, his entitlement was fixed and payments were made. Thereafter,

in the year 2015, the State came up with another circular in which some further dues were payable to the petitioner and that has been given finally in

the year 2019. Thus, the Court finds that there has been delay in making of payment of even the admitted retiral dues of the petitioner. As the exact

due date and date of payment has not been specifically brought on record, the Court deems it appropriate to dispose off the present writ application in

the following terms:

The petitioner shall make a detailed representation before the respondent no. 4 giving details of payments which has been credited into his account

under each head. Let the same be done within six weeks from today. Upon doing so, the respondent no. 4 shall get the matter verified from the

records. Whatever payments have been made from the date of superannuation of the petitioner till the actual credit of the amount into his account, the

same shall carry simple interest @ 6% per annum from the date the amount was due till the date it was actually credited in the account of the

petitioner. It is clarified that with regard to gratuity, the period would be counted from the date when the petitioner became entitled to that till the date

of final payment to him.

The respondent no.4 shall thereafter pass a reasoned order calculating the amount of interest payable under each head for the periods after which

payments have been credited in the account of the petitioner, within a period of four weeks from the date of filing of the representation. The amount

which is found due and payable to the petitioner shall also be credited into his account within three weeks thereafter.

The writ application stands disposed off in the aforementioned terms.