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1996 DIGILAW 181 (GAU)

Kalpana Bagchi v. State of Assam

1996-08-16

V.DUTTA GYANI

body1996
"Heard Mr .C. Baruah, learned counsel for the petitioner. By order dated 2.8.96 the learned Govt. Advocate was directed to seek instruction. 2. The petitioner has retired as Lecturer from the Maharani Devi Kanoi Girls' College, Dibrugarh on 31.7.93.on attaining the age of superannuation. Eyer since her retirement, she has been making representations to the authorities t and running from pillar to post for similar relief like, payment of gratuity. The learned counsel during the course of hearing has placed a Photostat copy of the letter dated 10.6.96 received by him just two days back. By this letter the Deputy Director, Higher Education regretted non-payment of gratuity on the ground of paucity of fund and assured the petitioner that "Necessary payment will be made to the incumbent as soon as funds are made available for the purpose by the Govt". 3. Post-retiral benefits, such as gratuity, pension etc must be paid immediately on retirement of a public servant. It has long been held that these benefits are neither bounty nor a gracious on the part of the Government servant. It is well earned by the Government servant which can neither be postponed or deferred till such time as fund are available. It is more than three years by now mat the petitioner having retired on 31.7.93 is still not been paid her retiral dues ' projecting a flimsy ground like non availability of fund. It does not behave the State to deny the post-retiral benefits to a public servant on the ground of paucity of fund. Petitioner's entitlement to such retiral benefit has not been disputed. The respondents are directed to pay all post-retiral dues including pension and gratuity to the petitioner within a period of 1 (one) month From today with interest @ 18% per annum from the date when it became first due i.e. from the date of her retirement. With this direction, the petition stands finally disposed. I make no order as to cost.