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Satish Chandra Goel vs Chief Development Officer, Saharanpur and Others

Allahabad High Court · Decided on 15 April 2002 · Citation: (2002) 2 AWC 1617 : (2002) 94 FLR 309 : (2002) 2 UPLBEC 1482

HON’BLE JUDGES
Rakesh Tiwari, J · M. Katju, J
RESULT
Disposed Of
CASE NUMBER
C.M.W.P. No. 36852 of 2001
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Judgment

3 paragraphs · 202 words

M. Katju and Rakesh Tiwari, JJ.—Heard learned counsel for the petitioner and learned standing counsel.

2.

The petitioner is challenging that part of the Judgment of the U. P. Public Service Tribunal, dated 24.8.2001, Annexure-13 to the writ petition, by which he has been deprived of interest on his pension. Interest is the normal accretion on the principal amount, and it is not a penalty. If the payment is made in time, the person can earn interest on the amount paid to him. But if there is delay in payment, the person cannot earn interest, and instead the person/authority, who withheld the payment earns interest on it. Hence, he has to pay not only the principal amount but also the interest on it.

3.

On the facts of the case, we modify the impugned order of the Tribunal and direct that the petitioner shall be given 12% per annum interest on the arrears of his pension from the date when the amount was due till the date of payment, and such payment of interest must be made within three months from the date of production of a certified copy of this order before the authority concerned. The petition is disposed of accordingly.