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2021 DIGILAW 121 (AP)

D. Vijaya Kumar S/o Late Suryanarayana v. State of A. P. State Civil Supplies Corporation Limited

2021-03-02

M.SATYANARAYANA MURTHY

body2021
ORDER This Writ Petition is filed under Article 226 of Constitution of India for the following relief : “… to issue appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authority, in not paying the interest of 9% on the petitioner’s retirement/superannuation benefits for the period of 272 days i.e., an amount of Rs.76,250/- (Rupees Seventy Six Thousand Two Hundred and Fifty Only) as illegal, arbitrary, in violation of the Order passed by this Hon’ble Court in W.P.No.18729 of 2012 dated 11.04.2017 and pass such other order or orders …” 2. Heard Sri G.V.S. Kishore Kumar, learned counsel for the petitioner and Sri Kalamata R. Babu, learned Standing Counsel for A.P. Civil Supplies Corporation appearing for the respondents. 3. The case of the petitioner is that, the petitioner is the retired Assistant Manager-Accounts, Andhra Pradesh State Civil Supplies Corporation and he was allowed to retire on attaining the age of superannuation. As the retirement benefits were not paid to the petitioner, he filed W.P.No.18729 of 2012 dated 11.04.2017 and this Court was pleased to issue a direction to the authorities concerned to pay the retirement benefits due to the petitioner with interest. But the respondents did not adhere to the direction issued by this Court and had not paid the amount in terms of the dues of superannuation in terms of the order in W.P.No.18729 of 2012 dated 11.04.2017. It is also contended that in terms of the interim order vide W.P.M.P.No.24006 of 2012 dated 09.08.2012, the retirement benefits of the petitioner were to be paid within one (1) week from the date of receipt of copy of the order. But while passing the final order in W.P.No.18729 of 2012 dated 11.04.2017, this Court issued a direction to the respondent corporation to pay the interest @ 9% per annum for the delayed period of payment of retirement benefits. The respondents did not file counter and there was no representation for the respondents despite of listing the matter several times. 4. Learned counsel for the petitioner reiterated the contentions raised in the petition, while contending that nonpayment of interest for the delayed period is an illegality committed by the respondent-corporation and requested to issue a direction. 5. The respondents did not file counter and there was no representation for the respondents despite of listing the matter several times. 4. Learned counsel for the petitioner reiterated the contentions raised in the petition, while contending that nonpayment of interest for the delayed period is an illegality committed by the respondent-corporation and requested to issue a direction. 5. It is a settled law that when the Court issued a direction for payment of interest @ 9% for the delayed period, disobeying the order of the Court amounts to contempt of Court. But, as the order was passed long back and as the contempt case was not within the limitation period, the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India to issue a direction to the respondents for payment of interest as directed by this Court in Writ Petition, which is calculated for a sum of Rs.76,250/- When the respondents disobeyed the order intentionally, such failure cannot be an advantage to the respondents. When this Court issued a direction, failure to obey the same would amount to an illegality. Infact, as per the catena of perspective pronouncements and the law laid down therein, when there is delay in payment of retirement benefits, interest has to be paid for the delayed period. This Court in W.P(P.I.L) No.128/2020 dated 22.06.2020 issued a direction to the authorities concerned for payment of interest on the arrears of salary and pension, and this order was modified by the Apex Court scaling down the rate of interest @ 6% confirming the findings of this Court regarding the payment of interest in Civil Appeal No.399 of 2021 dated 08.02.2021. Therefore, it is the legal duty of the respondents to pay the interest for the delayed period in payment of retirement benefits i.e., for 272 days @ 9% as awarded by this Court in Writ Petition No.18729 of 2012 dated 11.04.2017. 6. But, the direction issued by this Court in the earlier Writ Petition No.18729 of 2012 dated 11.04.2017 was not complied with by the respondents and more particularly when the remedy of contempt case is barred by limitation, the only remedy open to the petitioner is to file this Writ Petition for recovery of the amount. Therefore, the respondents are directed to pay interest @ 9% on the petitioner’s retirement/superannuation benefits for the delayed period of 272 days. 7. Therefore, the respondents are directed to pay interest @ 9% on the petitioner’s retirement/superannuation benefits for the delayed period of 272 days. 7. In the result, the Writ Petition is allowed directing the respondent Nos.2 and 3 to pay the interest @ 9% on the petitioner’s retirement/superannuation benefits, which comes to Rs.76,250/- (Rupees Seventy Six Thousand Two Hundred and Fifty Only) as awarded by this Court in W.P.No.18729 of 2012 for the delay of 272 days, within four (4) weeks from today. There shall be no order as to costs. 8. Miscellaneous Petitions, if any pending, in this Petition, shall stand closed.