JUDGEMENT
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(1.) PETITIONER stood retired on reaching the age of superannuation on 30th 6 /23.07.2012 November 2002. However, neither his pension nor gratuity was paid to him despite several letters. Ultimately in W.P.(S) No.5066 of 2004, in the case of Ananda Prasad Mandal Vs. The State of Jharkhand and others, learned Single Judge of this Court, on 23.09.2004, has passed following order:
"Heard the parties. It is indeed very sad and painful to note that notwithstanding the fact that the Petitioner retired on 30.11.2002 yet the officers of the Respondent No.1 pertaining to the Department of Human Resources Development have not yet taken care to confer the complete post retiral rights upon the Petitioner. It is now well settled through a number of Judgments that post retiral benefits are no longer bounties but are rights. In that view of the matter and taking a serious note of the lethargy and/or inaction on their part, this Court disposes off the Writ Petition by granting liberty to the Respondents to immediately take up the case of the Petitioner in right earnestness and redress the grievances within a period of two weeks from the date of receipt of a copy of this Order, failing which, the desirability of initiating appropriate action under Contempt of Courts Act shall be considered against the erring Officer/Officers. With the aforesaid observations and directions, this Writ Petition stands disposed off."
(2.) PENSIONARY benefits were released in favour of the petitioner on 01.02.2005, after almost five months from 23.09.2004, order passed by this Court. Petitioner has approached this Court for payment of interest on the pensionary benefits, which were not released in his favour within reasonable time and were released after undue delay.
Let specific affidavit be filed by Respondent Nos.3 and 5, to the effect as to why, gratuity and pensionary benefits were stopped and not paid to the petitioner soon after it became due. It shall also be clarified in the affidavit, as to why, five months' time was taken by the Respondent in taking decision for releasing the pensionary benefits, after the order passed by this Court.
Let affidavit be filed positively within ten days from today, failing which, this Court shall presume that Respondents have nothing to say on the question of payment of interest at the rate of 12% per annum. List thereafter.;
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