N D M C Vs. M S KAUSHIK

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7th May, 2007 passed by the learned Single Judge directing that the appellant shall pay simple interest @ 18% per annum for non-payment of the various retirement dues payable to the wife of the respondent.

(2.) The wife of the respondent had taken voluntary retirement on 23.7.2002. She had applied for voluntary retirement on 10.4.2002. She, however, was not paid her retrial benefits despite repeated requests and representations during her life time. She died on 6th March, 2003 and thereafter, it was the husband who was pursuing the case. He was paid the said benefits belatedly but no interest was paid on the amounts payable, which admittedly became due and payable on the date when the wife of the respondent retired. In these circumstances, writ petition was filed praying for directions to the respondent to pay interest as retirement benefits had not been paid within reasonable time.

(3.) The learned Single Judge has considered the entire claim in the light of the records. It was held that the retrial benefits are to be paid soon after the retirement on 23rd July, 2002 without delay as per the CCS (Pension) Rules. There is no allegation that the wife of the respondent was responsible for the delay in payment of retirement benefits till she died on 6th March, 2003, nearly eight months after her retirement. Per force thereafter, the respondent filed relevant papers and completed other formalities for payment of dues. Considering the pros and cons, it was ordered that 18% per annum interest shall be paid for the period of delay, which is to begin six months after the date of retirement. Thus the learned Single Judge has been considerate and has held that no interest is payable for first six months. We cannot also ignore the harassment and inconvenience that the respondent's wife would have suffered and efforts which would have been made by the respondent and his wife to secured release of the retirement benefits. Reasons for imposition of the aforesaid interest have been explained by the learned Single Judge, in the impugned order.