DULAR SINGH SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present writ petition has been filed seeking for grant of interest on the delayed payment of retiral dues including the gratuity and another dues by the respondents.

(2.) Undisputed factual matrix of the case is that the petitioner was working as Sub Engineer under the respondents. After serving the department for a period of 35 years the petitioner stood retired from the service w.e.f. 31.01.2012. Though the petitioner should retire from January, 2012, however his retiral dues were not released by the department and there was no justifiable reason available with the respondents for withholding of the retiral dues of the petitioner in spite of the repeated representations being made and no response being received from the respondents, the petitioner ultimately had filed the writ petition WPS 1881/2013 and the said writ petition finally stood disposed of on 04.07.2013 whereby it was directed that case of the petitioner be scrutinized by the High Powered Committee constituted by the State Government so far as grant of retiral dues are concerned. The High Powered Committee after due scrutiny of the same found that the petitioner was in fact entitled for all the retiral dues payable to him and that Committee did not find any good reason why the retiral dues should be withheld or was delayed.

(3.) Pursuant to the Committee's report the department thereafter released the entire retiral dues payable to the petitioner on two dates i.e. an amount of Rs. 2,54,004 on 10.12.2013 and an amount of Rs. 8,37,949 on 13.12.2013. Thus, from the aforesaid admitted factual details there was a delay of more than 23 months on the part of the respondents in releasing the retiral dues to the petitioner and on account of which the petitioner faced huge financial stringencies and also faced difficulty to sustain himself and therefore the present writ petition has been filed seeking for grant of interest on that 23 months delay what was caused on the part of the respondents on the amount that was released on the 10 and 13 of December, 2013.