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2009 DIGILAW 484 (HP)

S. K. MOHENDRA v. STATE OF HIMACHAL PRADESH

2009-05-20

RAJIV SHARMA

body2009
JUDGMENT Rajiv Sharma, Judge (Oral):-The petitioner was working as a Deputy Director in Agriculture Department. He retired from Government service on 30.11.1980 after rendering 31½ years of service. He was served with a memorandum on 2.12.1983. His gratuity was released on 2.6.2008 amounting to Rs. 42,471/-. The principal amount was Rs. 27,000/-. The respondent-State in its own wisdom had taken a decision on 29.1.2009 to drop the departmental proceedings against the petitionerr. Dilip Sharma, Advocate has strenuously argued that the petitioner was entitled to get interest on the delayed Death-cum-Retirement Gratuity as per rule 68 of the Central Civil Services (Pension) Rules, 1972 read with instructions appended thereto. Rule 68 of the Central Civil Services (Pension) Rules, 1972 along with instruction No.2 reads thus: “68. Interest on delayed payment of gratuity. “ (1) If the payment of gratuity has been authorized later than the date when its payment becomes due, and it is clearly established that the delay in payment was attributable to administrative lapses, interest shall be paid at such rate as may be prescribed and in accordance with the instructions issued from time to time: (2.) Provided that the delay in payment was not caused on account of failure on the part of the Government servant to comply with the procedure laid down by the Government for processing his pension papers. (2) Every case of delayed payment of gratuity shall be considered by the Secretary of the Administrative Ministry or the Department in respect of its employees and the employees of its attached and subordinate offices and where the Secretary of the Ministry or the Department is satisfied that the delay in the payment of gratuity was caused on account of administrative lapse, the Secretary of the Ministry or the Department shall sanction payment of interest. (3) The Administrative Ministry or the Department shall issue Presidential sanction for the payment of interest after the Secretary has sanctioned the payment of interest under sub-rule (2). (4) In all cases where the payment of interest has been sanctioned by the Secretary of the Administrative Ministry or the Department, such Ministry or the Department shall fix the responsibility and take disciplinary action against the Government servant or servants who are found responsible for the delay in the payment of gratuity.” 2. Instruction No.2: Interest for delayed payment of Retirement/Death Gratuity to be at the rate applicable to GPF deposits.- 1. Instruction No.2: Interest for delayed payment of Retirement/Death Gratuity to be at the rate applicable to GPF deposits.- 1. It has been decided that where the payment of DCRG has been delayed beyond three months from the date of retirement, an interest at the rate applicable to GPF deposits will be paid to retired/dependants of deceased Government servants. 2. The Administrative Ministries are requested to ensure that in all cases where interest has to be paid on Death-cum-Retirement Gratuity because of administrative delay, action should be taken against the officer responsible for the delay. 3. (a) The rate of interest mentioned in para 1 above will be applicable in all cases where the DCRG has not been paid as on date of issue of this OM. 6. All existing instructions relating to interest rate payable by the Government or the employees, as the case may be, will cease to operate will effect from the date of issue of this OM.” From the bare perusal of Rule 68 of Central Civil Services (Pension) Rules, 1972 as quoted hereinabove read with instruction No.2 dated 25.8.1994, it is apparent that the petitioner was entitled to get interest for delayed payment on Death-cum-Retirement Gratuity at the rate applicable to GPF deposits. Though some interest has been paid to the petitioner, however, the same is not in conformity with rule 68 of the Central Civil Services (Pension) Rules, 1972 read with instruction No.2 there to. 4. Accordingly, the respondents are directed to pay interest to the petitioner on the principal amount of Rs. 27,000/- as per rule 68 of the Central Civil Services (Pension) Rules, 1972 read with instruction No.2 within a period of eight weeks from today. The amount already paid to the petitioner shall be adjusted. With these directions, the writ petition is disposed of. No Costs.