KRIPA SHANKAR TRIPATHI Vs. KRIPA SHANKAR TRIPATHI

JUDGEMENT

(1.) BY this petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to pay interest at the rate of 9% per annum on the amount of Rs. 6,00,000/- from the date of his retirement i.e. 27.09.2001, till the date of its payment.

(2.) THE facts, in nutshell, as projected by the petitioner are that the petitioner joined the service on 10.11.1960 as Agriculture Extension Officer. THE petitioner retired from the post of Deputy Director (Horticulture) on 30.09.2001 on attaining the age of superannuation, vide order dated 27.09.2001 (Annexure P/1). According to the petitioner, after retirement, the petitioner made several representations to the respondent authorities for payment of his retiral dues, but nothing was done. Being aggrieved, the petitioner filed a writ petition before this Court being W.P.(S) No. 2397/2007, which was disposed of on 18.04.2007 (Annexure P/3) directing the respondent No. 1 therein, to consider and decide the case of the petitioner for payment of his retiral dues within a period of four weeks. Accordingly, the petitioner made a representation to the respondent authorities on 13.09.2007 (Annexure P/4) for payment of gratuity and pension amount. In turn, the respondent No. 2, vide communication dated 19.09.2007 (Annexure P/5) intimated to the respondent No. 1 regarding settlement of pension of the petitioner. THEreafter, correspondences took place between the respondent authorities with regard to no-dues and no enquiry certificate of the petitioner. THE leave encashment amount was settled vide letter dated 20.02.2008 and revised pay was settled on 17.04.2008 (Annexure P/9). Lastly, the final settlement order was passed relating to the pension of the petitioner as well as revised pay scale vide communication dated 05.09.2008 (Annexure P/10). Even after all these exercise, the amount of the retiral dues of the petitioner could not be released. However, after various communications between the respondent authorities, on 19.02.2009, the petitioner received the first cheque of Rs. 96,834/- (Annexure P/13). Again, the respondent No. 3 issued a letter on 06.04.2009 (Annexure P/14) to the respondent No. 3 to send certain certificates with regard to the petitioner. THE requisite certificates were sent vide letter dated 13.04.2009 (Annexure P/15). THEreafter, the petitioner received about Rs. 6,00,000/- towards the final settlement. However, the petitioner was deprived of the interest against the amount which was due to him since 27.09.2001. Thus, this petition.

(3.) HEARD learned counsel appearing for the parties, perused the pleadings and documents appended thereto.