State of M.P. (Through Collector) vs Dev Gir and Anr.

In this petition filed under Article 226 of the Constitution the petitioner contended that he retired on attaining the age of superannuation on 30.11.2005. At that point of time, he was paid 90% of his pension and 60% of gratuity. Remaining retiral dues were withheld. The petitioner approached this court by filing W.P.No.997/07 which was disposed of on 28.6.2008 (Annexure P/1).

Shri A.P.Singh, learned counsel for the petitioner submits that the respondents were directed to withheld only such amount which is commensurate to the pecuniary loss caused to the State Government subject to result of inquiry. The other admissible claims were directed to be paid along with interest @ 6% p.a. Shri Singh submits that after filing of this petition, the respondents have paid the original amount without interest. Counsel for the petitioner pressed only relief No.7(i) and did not press relief No.7(ii). It is further submitted that petitioner is entitled to get interest @ 15% per annum.

Prayer is opposed by Shri Sudeep Chaterjee, learned panel lawyer for the State. He submits that requisite amount has already been paid to the petitioner. He placed reliance on the return filed by the respondents wherein it is mentioned that by issuing letters dated 16.6.12 (Annexure R-4) and another letter of same date Annexure R-5, the respondents have released the requisite amount as per directions of this court and nothing remains to be paid to the petitioner.

No other point is pressed by learned counsel for the parties.

I have heard learned counsel for the parties and perused the record.

It is clear that petitioner is interested to get interest on delayed payment. As noticed, in the first round (W.P.No.997/07), this court directed to pay 6% interest on delayed payment. The claim of the petitioner is that interest has not been paid whereas in the return respondents have said that all the requisite amount have been paid. A specific question was asked to Shri Singh as to whether petitioner has disputed the averment of the return in the rejoinder about payment of all dues. Putting it differently, it was asked whether petitioner has doubted the contention of respondents that all requisite amount including interest have been paid. In reply, attention of this court is drawn on para-5 of the rejoinder wherein petitioner contended that court was pleased to give an interim direction initially and thereafter substantially ordered payment of 6% interest, on which, interest was not payable. Till date, the respondents have not paid the said amount and are guilty of having committed contempt of Hon''ble court order. Thus, their exists pleadings wherein the petitioner has refuted the contention of the respondents.

Thus, it appears that respondents have not made payment of interest as directed by this court. In Union of India Vs. S.S.Santhawalia- (1994) 2 SCC 240, the Apex Court held that where delay in making the payment is solely attributable to the department, the department should pay interest on delayed payment. In this view of the matter, I deem it proper to dispose of this petition with following directions :- (1) The petitioner shall file a detailed representation mentioning the dates of receipt ofvarious retiral dues. The details of amount which were received in different heads with dates shall be submitted before the respondents along with copy of this order.

(2) The respondents shall examine whether 6% interest, as directed by this court, was paid to the petitioner while making the actual payment.

(3) If respondents come to the conclusion that 6% interest has already been paid till realization by the petitioner, they shall provide break-up to the petitioner by passing a reasoned and speaking order.

(4) If respondents come to the conclusion that interest @ 6% p.a has not been paid, they shall pay interest @ 6% p.a to the petitioner within ninety days from the date of communication of this order.

(5) It is made clear that in the event it is found that interest has not been paid by department,it shall pay 6% interest from due date till the date of actual payment to the petitioner. The entire exercise shall be completed within 90 days from the date of submission of representation.

With the aforesaid, petition is allowed. No cost.