J.S.Khehar, J. - (1.) A joint written statement on behalf of respondents no.1 to 4 has been filed in court today. The same is taken on record. A copy of the same has been furnished to the learned counsel for the petitioner. A separate written statement on behalf of respondent no.5 has been filed, which is also taken on record, subject to all just exceptions. A copy of the same has also been handed over to the learned counsel for the petitioner.
(2.) A perusal of the joint written statement filed on behalf of respondents no.1 to 4 reveals that all the retiral benefits payable to the petitioner have been paid to her or have been deposited in her account. It is, therefore, apparent that the principal amount of retiral benefits have been passed on to the petitioner. In so far as the issue of interest, on delayed payments of retiral benefits is concerned, it is apparent from the pleadings of the writ petition, that the petitioner retired on attaining the age of superannuation on 31.3.2004. It is also apparent that some of the retiral benefits were released to the petitioner in the year 2004 itself. However, some of them were delayed. The reason for delayed payment is depicted in paragraph 5 of the joint written statement, filed on behalf of respondents no.1 to 4. The same is being extracted hereunder :- "That as regards the delay in gratuity that is not on the part of the deponent office but the husband of the petitioner took sanction papers from the office of respondent no.4 i.e. Block Elementary Education Officer, Majitha-II on 27-04-04 annexure R-3. which he has not submitted till date to the office of Block Elementary Education Officer, Majitha-I i.e. drawing and disbursing officer of the petitioner. So delay if any is on the part of petitioner herself."
(3.) In view of the above, we are of the view that the petitioner herself is responsible for not being paid all her retiral benefits on time. She is, therefore, held to be disentitled to interest, on account of delayed payment of retiral benefits.;