Rakesh Garg, J. - (1.) C.M. No. 8608 of 2012 CM is allowed subject to all just exceptions. Rejoinder is taken on record. CWP No. 23625 of 2011
(2.) AS per the averments made in the writ petition, the petitioner was appointed as Clerk on 19.5.1976 by respondent No. 1. The petitioner retired on 30.11.2010 as Assistant, Teaching Veterinary Clinic Complex. Since the retiral benefits of the petitioner were not released, he filed CWP No. 4528 of 2011 before this Court. However, during the pendency of the writ petition, the respondents released the balance amount of gratuity on 28.3.2011 and commuted value of pension on 28.5.2011 and the said writ petition was disposed of vide order dated 12.10.2011. The operative part of the said order reads thus: The Court deems it appropriate to dispose of the present writ petition as having been rendered infructuous qua the payment of retiral benefits. However, the respondents are directed to consider the claim of the petitioner qua interest towards delayed payment against retiral benefits as per notification F.D.Hr.O.M. No. 1/2/(152) 01 -2FR II dt. 20.2.2002 within 2 weeks from the date of receipt of orders in case the petitioner is entitled for the same, the said benefits shall be released immediately thereafter. However, it goes without saying that in case the petitioner is found not entitled, the respondents shall pass a speaking order. In compliance of the aforesaid order, the respondents passed an order dated 3.12.2011 (Annexure P -4) holding that there was no delay on the part of the respondents and therefore, the petitioner was not entitled to the interest as claimed.
(3.) THE instant writ petition has been filed by the petitioner seeking quashing of the aforesaid order dated 3.12.2011 (Annexure P -4) with a further direction to the respondents to pay interest to him on delayed payment of retiral benefits.;