MADHUSUDAN CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant.

(2.) THE Appellant was an employee of the Co -operative Department and while serving in the Department, some amounts were considered to be recoverable from him and during that period his date of superannuation occurred. Therefore, finality of his pensionary dues was not made. After this was settled that the amount which is held to be recoverable is now settled and his pensionary benefits have to be given to him, he was paid the sum, which was the some of his retirement dues, except Rs. 51,397/ -. There was a delayed payment of this amount, which has been ordered to be paid by the learned Single Judge, which had carried an interest of 9 percent.

(3.) WE are afraid that the proposition relied on by the learned Counsel for the Appellant will not be governing the facts of this case, because there the amount of interest was payable under the statutory right and since the statutory right was there, therefore, it was a quantified amount and that could be said to be the property and depriving of that property could entail the interest on it.