- (1.) THE petitioner in this WP under art.226 dated April 20, 2012 is alleging that though consequent upon retirement on April 30, 2010 he became entitled to retirement benefits, the respondents have not paid the benefits.
(2.) MR Deb Roy appearing for the Corporation has found little to say in justification of the decision of the respondents to withhold the retirement benefits. He has, however, said that an excess amount was paid to the petitioner. I am of the view that the WP should be disposed of directing the respondents to pay the petitioner admissible retirement benefits at once. If the respondents are of the view that certain amount is to be recovered, they are free to take steps according to law. But their such case cannot entitle them to withhold the retirement benefits. Since the retirement benefits are being unfairly withheld, I think the respondents should be ordered to pay interest. In my opinion, interest, if ordered at the rate of 7% per annum will be fair and reasonable. For these reasons, I dispose of the WP directing the respondents to pay the petitioner all admissible retirement benefits with interest at the rate of 7% per annum from May 1, 2010 till the date of actual payment. Compliance within four weeks from the date this order is served. No costs. Certified xerox.;