JUDGEMENT
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(1.)The present writ petition is filed praying for the following reliefs :-
"A) Your Lordships be pleased to admit this petition.
B) Your Lordships be pleased to issue mandamus or any appropriate writ, directing the respondents to pay 18% interest over Rs.17,18,743.00 which amounts to Rs. From 30/4/2015 till realisation of amount in the interest of justice.
C) Your Lordships may be pleased to pass any further order or direction which may deem fit in the interest of justice.
D) Your Lordships be pleased to award costs in the interest of justice."
(2.)The factual matrix in the present case is that the petitioner had joined the services of the respondent department on
5/5/1981 and came to be retired on 30/4/2015. As per the Gujarat Civil Service Rules, the papers of retirement were required
to be prepared 12 months prior to the retirement and were to be
processed accordingly. The same was not done by the respondent
authority and therefore, the retirement benefits were paid to the
petitioner after 11 months of his retirement. The petitioner
therefore prays for interest at the rate of 18% on the said amount.
(3.)The respondents opposed the said Special Civil Application. It was contended that the petitioner was not entitled to
any interest since the delay was on default of the petitioner
himself. It was submitted that the petitioner had not paid the loan
which he had obtained for purchasing the scooter and till the said
outstanding dues were clear, the pension papers of the petitioner
could not be prepared. It was contended that the petitioner paid
the outstanding amount towards interest on the loan obtained on
6/2/2016 and No Due Certificate was issued by his office on 11/2/2016. It is further submitted that thereafter, the pension payment order was issued on 29/2/2016.
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