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Madhya Pradesh High Court · body

2020 DIGILAW 666 (MP)

Sitaram Chandak v. State Of M. P.

2020-06-05

VANDANA KASREKAR

body2020
JUDGMENT Vandana Kasrekar, J. - The petitioner has filed the present petition being aggrieved by the inaction of the respondents in not granting him interest on his retiral dues which were paid to him on 23/02/2018 and 8/03/2018 whereas the petitioner was retired from service on 31/08/2015 on attaining the superannuation age. 2. In pursuance of an advertisement issued by the respondents, the petitioner attended the said interview and was successful therein. Accordingly, appointment order was issued on 15/10/1984, whereby appointing the petitioner on the post of Second Grade Clerk/Hindi Typist in the Collectorate, Dewas in Regular Pay Scale of Rs.515-800/- and was posted in Rural Development Agency, Dewas. 3. That, on 16/01/1985, the petitioner was sent on deputation to the District Rural Development Authority Dewas. As this order clearly states the posting of the petitioner on deputation, the petitioner would be entitled for deputation allowance. 4. The petitioner was illegally being treated as an employee of Janpad Panchayat, Dewas he, therefore, filed W.P. No.250/2007(S) and this Court has allowed the said petition vide order dated 6/07/2017 and the petitioner was held to be an employee of the Revenue Department. In the meanwhile, the petitioner was retired from service on attaining the age of superannuation on 31/08/2015. 5. The respondent No.3 took a long time to finalize the case of he petitioner despite clear orders of this Court and ultimately, by order dated 23/12/2017, the retiral dues of the petitioner were directed to be paid treating the petitioner as an employee of the Revenue Department. Ultimately, the petitioner was issued Pension Payment Order dated 23/01/2018. 6. That, thereafter, the respondents paid a sum of Rs.5,49,929/- as arrears of pension, a sum of Rs.2,42,864/- as leave encashment, an amount of Rs.5,94,379/- as gratuity on 23/02/2018 and a sum of Rs.3,29,162 as arrears of Time Pay Scale on 8/03/2018. 7. As per the judgment passed by the Apex Court in the case of State of Kerala V/s. M. Padmanabhan Nair, (1985) AIR SC 356 , the petitioner is entitled to get interest on delayed payment of his retiral dues at the market rate. 8. That, a sum of Rs.22,722/- was illegally recovered from the arrears of Time Pay Scale of the petitioner, on the ground that some increment was granted to the petitioner one month before. 8. That, a sum of Rs.22,722/- was illegally recovered from the arrears of Time Pay Scale of the petitioner, on the ground that some increment was granted to the petitioner one month before. The petitioner, therefore, submitted a representation dated 28/09/2018 and reminder dated 18/12/2018 to the respondents, praying for interest on delayed payments as also refund of the illegally recovered amount, but nothing has been done in the matter so far. Therefore, the present writ petition has been filed. 9. Learned counsel for the petitioner submits that the petitioner has been treated as an employee of the Janpad Panchayat. The petitioner was retired from service on attaining the age of superannuation on 31/08/2015 and as per decision of the Supreme Court in the case of State of Kerala(supra), he is entitled to get retiral dues within two months from the date of his retirement otherwise, he is entitled for the interest on the amount of retiral dues at market rate. Thus, as per the decision of the Supreme Court in the present case, the petitioner has although retired in the year 2015, his retiral dues were paid to him in the year 2018 i.e., after three years and deliberate delay has been caused by the respondents for paying pension to the petitioner at delayed stage. Therefore, he is entitled for interest as directed by the Apex Court. 10. The respondents have filed their reply and in the said reply they have stated that the petitioner was initially appointed vide order dated 15/10/1984 on the post of Assistant Grade-III in the office of Collector, Dewas. Thereafter, he was sent on deputation to the District Rural Development Authority, Dewas on 16/01/1995. The petitioner has stated that he has not been paid the deputation allowance and, thereafter, he was retired on 31/08/2015 from District Urban Rural Development Authority. It is also stated that the respondents have illegally treated the petitioner as an employee of the Janapad Panchayat he, therefore, filed W.P. No.250/2007(S) before this Court. The said writ petition was ultimately allowed by this Court on 6/07/2017 and the petitioner was treated as an employee of Revenue Department. He was retired on 31/08/2015. Thereafter, the petitioner has submitted an application for payment of retiral dues. However, since the petition was being pending before this Court, therefore, the retiral dues could not be paid to the petitioner. He was retired on 31/08/2015. Thereafter, the petitioner has submitted an application for payment of retiral dues. However, since the petition was being pending before this Court, therefore, the retiral dues could not be paid to the petitioner. The respondents have admitted that the amount of GPF, GIS and FBF has been paid within 15 days of his retirement. However, so far as rest of retiral dues amount is concerned, the same could not be paid to the petitioner due to pendency of the writ petition and, therefore, the petitioner is not entitled to get any interest. 11. Heard learned counsel for the parties and perused the record. 12. In the present case, the petitioner was initially was working on the post of Second Grade Clerk/Hindi Typist in the Collectorate, Dewas. Thereafter, petitioner was sent on deputation to the District Rural Development Authority, Dewas. He has not been paid the deputation allowances as directed in the appointed order. As the petitioner was illegally treated as an employee of Janpad Panchayat, Dewas, he filed W.P. No.250/2007((S) before this Court. The said petition was allowed by this Court on 6/07/2017 and he was held to be an employee of Revenue Department. In the meanwhile, the petitioner retired from his service on attaining the age of superannuation, on 31/08/2015. However, although he was retired in the year 2015, his retiral dues has not been paid since long time and in the year 2018, some of the dues were released in favour of the petitioner. The petitioner has, therefore, submitted a representation and has also approached to this Court for payment of interest for the delay caused by the respondents in payment of retiral dues. The respondents in their reply has stated that the cause of delay is that the petition is pending before this Court, which cannot be a sufficient ground for the delay caused in paying the amount. Therefore, in such circumstances, certainly, the petitioner is entitled to get the said relief/benefit. 13. In light of the aforesaid and in view of the law laid down by the Apex Court in the case of State of Kerala(supra), I allow this writ petition and it is directed that the petitioner is entitled to get interest from the date of his retirement i.e., 31/08/2015 till the date of actual payment i.e., 8/03/2018 @ 8% per annum. All arrears on interest shall also be paid to the petitioner, within a period of six months. With the aforesaid, the writ petition stands disposed of.