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2001 DIGILAW 430 (AP)

V. Pandurangadu v. Zilla Grandhalaya Samstha

2001-04-16

S.ANANDA REEDY, S.R.NAYAK

body2001
ORDER : 1. The petitioner complaining that the respondent authorities have not paid any pensionary and other fringe benefits on attaining the age of superannuation has filed this writ petition seeking a direction to the respondents to disburse all the outstanding dues to the petitioner with interest at the rate of 25% per annum from the respective dates and with exemplary costs. 2. In response to the Rule Nisi. the respondents have filed counter affidavit admitting the claim of the petitioner. It is stated that till date due to lack of funds they could not pay the outstanding dues to the petitioner and that the same would be paid soon after receipt of budget sanction for the year 1996-97. The counter affidavit was sworn to by the 1st respondent on 22-8-1996. At the time of hearing none appeared nor any representation was made on behalf of the respondents though the respondents are represented by a counsel. Admittedly. on attaining the age of superannuation the petitioner had to be paid the following pension and other fringe benefits. 1. Regular monthly pension w.e.f. 1-7-1994 Rs. 2600/- 2. D.C.R.G. Rs. 65000/- 3. Commutation pension Rs. 1,08.701/- value 3. The petitioner is entitled to the above pension and pensionary benefits in terms of the proceedings of the Director of Public Libraries, dated 26.6.1995. Since no good ground is stated by the respondents to with-hold the payment of the pension and other benefits, there is absolutely no justification for the respondents not to pay the pension and other benefits though the 'petitioner retired on attaining the age of superannuation as far back as on 30-6-1994. 4. In that view of the matter and in the light of the judgment of the Supreme Court in State of Kerala v. M.P. Padmanabhan Nair, AIR 1985 SC 356 : 1985 Lab IC 664 & O.P. Gupta v. Union of India, 1987 (4) SCC 328 : 1987 Lab IC 1904 : AIR 1987 SC 2257 we dispose of this writ petition directing the respondents to pay all the outstanding pension and other pensionary benefits to the petitioner forth-with with 12% interest accrued thereon till the date of payment. The petitioner is also entitled to the cost of this writ petition quantified at Rs. 2000/- (Rupees Two Thousand Only) payable by the respondents within a period of one month from today.