Jagat Narayan Singh vs State of M.P. and Others

Sujoy Paul, J.—This is second visit of the petitioner to this Court. In W.P. (s) No. 1016/2004, this Court directed as under:- In case it is found that the amount of pensionary claim of the petitioner is withheld without any reason, necessary orders shall be passed for payment of the aforesaid amount with interest at the rate of 9% per annum from the date of retirement till the date of payment. While processing the claim of the petitioner, the amount already sanctioned vide Annexure P/4 shall also be paid to the petitioner within the aforesaid period.

Petition stands disposed of with the aforesaid.

Admittedly, the petitioner stood retired on attaining the age of superannuation on 31.12.2002. This Court directed the respondents to pay 9% interest, if the amount of retiral dues are unnecessarily withheld by the respondents.

In para 4 of the return, it is mentioned that all the retiral dues are paid. However, the dates so mentioned in this paragraph make it clear that the amount was belatedly paid to the petitioner. The respondents have not assigned any reason which shows that the delay in payment is attributable to the petitioner.

This is settled in law that retiral dues are not bounty. Same is earned by the employee during his service with a view to get a helping hand in the December of his life.

This Court in a recent judgment reported in Bhaskar Ramchandra Joshi Vs. State of M.P. and Others, held that the retiral dues are property within the meaning of Article 300-A of the Constitution of India. The Apex Court in State of Jharkhand and Others Vs. Jitendra Kumar Srivastava and Another, has taken the same view. The Apex Court in Union of India Vs. Justice S.S. Sandhawalia (Retd.) and others, and others opined that when the delay in making the payment of retiral dues is attributable to the department, it must carry interest.

In the first round of litigation, this Court directed the respondents to pay 9 % interest. No reason is shown in the return as to why that payment was not made to petitioner at the time of his retirement. Delay in making payment is solely attributable to the respondents. Considering the aforesaid, respondents are directed to pay 9% interest as directed in the earlier round of litigation on delayed payment on each head of retiral dues. The aforesaid exercise of calculation and payment of interest shall be completed within 90 days. The petitioner shall get Rs. 2,000/- as costs.