S.M. SHRIMALI Vs. DIRECTOR OF ANIMAL HUSBANDARY

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has claimed interest at the rate of 13% per annum on delayed payment of pension and gratuity.

(2.) IT is the case of the petitioner that the petitioner was not paid the retiral benefits and, therefore, was constrained to file Special Civil Application No. 10626 of 1998. It was the stand of the respondents before this Court that Rs.38,495.00 was recoverable from the petitioner. However, this Court allowed the said petition by order dated 23.02.1999 directing the respondents to disburse the amounts due and payable to the petitioner after deducting the aforesaid amount of Rs. 38,495.00 from the amounts to be given to the petitioner. This Court also provided that the amounts paid to the petitioner shall also carry interest in accordance with the prevailing Government Resolutions. In the petition, the petitioner has asked for interest from 31.12.1997 till 13.8.1999 i.e. from the date of retirement till the petitioner was paid the amounts of his retiral benefits.

(3.) AS against the above arguments, learned A.G.P. Mr. Ronak Raval appearing for the respondents submitted that if the petitioner was liable to pay Rs.38,495.00 and if he had not paid such amount to the respondents, the respondents could not be said to be responsible for delay in not releasing the entire dues of the petitioner. He, thus, submitted that only after this Court passed order, it was made clear that the amount due and payable by the petitioner could be recovered from the due retiral benefits of the petitioner. He, thus, submitted that since there is no fault on the part of the respondents in late release of retiral benefits, petitioner is not entitled to interest as claimed by him and, therefore, this petition is required to be dismissed.