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Jharkhand High Court · body

2017 DIGILAW 1980 (JHR)

Niyoti Devi, wife of Sri Natwar Rajwar v. State of Jharkhand

2017-11-18

S.N.PATHAK

body2017
JUDGMENT : Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner has approached this Court with a prayer for payment of following retiral benefits on account of her superannuation on 31.07.2001 as a Peon, which has still due and unpaid:- (i) Provident Fund (ii) Gratuity (iii) Earned Leave (Leave Encashment) (iv) Any other amount found legally payable. 3. The facts as derived from the writ petition are that petitioner was appointed as a peon in the year 1967 at Dhanbad Municipal Corporation. After working for 35 long years to the satisfaction of the respondents, the petitioner was superannuated on 31.07.2001. It is the specific case of the petitioner that though the service career of the petitioner was unblemished and neither any proceeding was initiated or ever pending during his service period. Though the petitioner retired on 31.07.2001 itself but the respondents have not paid the retiral benefits to her till date. Petitioner also filed several representations but no heed has been paid to her representations. Hence, the petitioner has filed this writ petition for redressal of his grievances. 4. Learned counsel for the petitioner argues that petitioner has been a 4th grade employee and is running from pillar to post for getting his legally due amount under the head of retiral benefits. Learned counsel argues that for 11 long years the petitioner has been made to suffer and it was only after filing of the present writ petition, the amount has been paid to the petitioner and as such, a direction may be given to the respondents to consider the case of the petitioner for payment of interest on the retiral benefits which has been paid after 11 long years. 5. Per contra counter-affidavit has been filed by the respondents. Mr. Bipul Poddar, learned counsel for the respondents draws the attention of the Court towards para-4 of the counter-affidavit and argues that the entire due amount of the petitioner has already been disbursed and a cheque bearing No. 135747 of Union Bank of India has already been issued in favour of the petitioner on 18.09.2012 itself and as such, it cannot be said that the entire amount has not been paid. 6. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. 6. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. Petitioner is a 4th grade employee working on the post of peon and he retired on 31.07.2001. The petitioner has made to suffer for 11 long years for getting his legally due amount under the head of retiral benefits. It is only after filing of the writ petition, that the respondents have paid the dues to the petitioner. When a query is made by this Court regarding delay in payment, nothing has been whispered nor has anything been said in the counter-affidavit. Admittedly, the petitioner is entitled for interest on the belated payment of retiral benefits. It has been held in catena of decision of the Hon’ble Apex Court as well as by this Court that retiral benefits is not a bounty to be paid to the government employee. It is right of the employee to get the retiral benefits after his/her retirement. It is not a case that any proceeding was pending against the petitioner and as such, on account of that the said amount was withheld. No reasons have been assigned by the respondent for withholding the legitimate due amount for the petitioner for 11 long years and as such, petitioner is entitled for payment of penal interest @ 12% on the retiral benefits. Let the amount of penal interest on the paid retiral dues for the period during which it was illegally withheld, i.e. from 31.07.2001 to 18.12.2012 by the respondents, be disbursed to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. 7. Resultantly, the writ petition stands allowed.