- (1.) IN challenge is the judgment and order dated 07.08.2011 passed in S.B. Civil Writ Petition No. 1734/2011 requiring the appellant to file fresh representation before the respondents vis -a -vis his claim for grant of 18% interest on delayed payment of retiral benefits, whereby, direction was issued to the respondents that if such representation was filed, a decision be taken thereon within a period of two months. The facts in brief are that the appellant -writ petitioner, who was initially appointed on the post of Patwari in the Revenue Department of the State, did superannuate from service as Inspector, Land Records on 31.07.2010. At the time of his retirement, according to him, the payment towards Provident Fund and State Insurance was only released. He therefore, submitted an application on 07.09.2010 for grant of remaining amounts towards retiral benefits. Thereafter an amount of Rs. 3,06,240/ - was paid by way of leave encashment benefits on 16.09.2010.
(2.) THE appellant -writ petitioner being aggrieved by the delay in release of his retiral benefits got an Advocate's notice dated 27.10.2010 served on the respondents, whereafter they finalized his pensionary benefits by order dated 01.11.2010. The appellant's claim of 18% interest on the delayed payment is based on these facts.
(3.) THE respondents in the reply, in substance, while denying the allegation of intentional and deliberate delay in release of retiral benefits to the appellant -writ petitioner, have stated that the amount payable had been released as soon as necessary formalities were completed. According to them, as per house rent allowance, an employee cannot withdraw house -rent, if he is provided accommodation by the Department, but appellant -writ petitioner had withdrawn the house rent amount despite the fact that he was residing in a government accommodation. The respondents further stated that after preparation of enquiry report, the appellant writ petitioner was directed to make refund deposited by amount withdrawn by him towards house rent during March, 2007 to October, 2007 (Rs. 5584/ -); July, 2008 to September 2008 (Rs. 2139/ -) and October, 2008 to March, 2009 (Rs. 13692/ -) and arrears of September, 2008 Rs. 1569/ - i.e. total Rs. 22,984/ -. The respondents alleged that the appellant -writ petitioner avoided payment of the aforesaid amount, which resulted in delay in releasing the entire retiral benefits to him. They clarified that eventually the amount was deducted from the sum quantified against his earned leave. Admittedly, there is no rejoinder filed by the appellant writ petitioner to these averments which, thus have remained unrebutted.;