JADIBEN CHIMANLAL JADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Ms.Davawala waives service of rule on behalf of respondent Nos 1,2 and 3 and Mr.I.M.Pandya, Ld.AGP waives service of rule on behalf of respondent No.4. With the consent of parties matter is taken up for final hearing today.

(2.) The petitioner has filed this petition for appropriate direction to the respondent Nos 1,2 and 3 to pay interest at the rate of 18% p.a. from 1.11.1999 on Swatantra Sainik Samman Pension (hereinafter referred to as "SSS Pension"). The contention of the petitioner is that though this court as per judgment dated 19.7.99 directed the respondents to grant SSS Pension to the petitioner under SSS Pension Scheme, 1980 from the date of her application, but the same has not been paid to the petitioner within stipulated time limit. It has also been contended by the petitioner that this court passed the order on 19.7.99 in Spl.C.A.No.1727/99 wherein it has been further directed that if the respondents fail to pay the due amount as aforesaid to the petitioner within a period of two months, the petitioner shall also be entitled to interest on the due amount at the rate of 18% p.a. from the date of expiry of two months. The contention of the petitioner is that she is the widow of a freedom fighter and is compelled to approach this court for implementation of the order passed by this court.

(3.) I have heard Mr.Kapadia, Ld.advocate appearing for the petitioner and Ms.Davawala for respondent Nos 1,2 and 3 and Mr.I.M.Pandya, Ld.AGP for respondent No.4. It is contended by Mr.Kapadia that when the first order dated 21.10.99 was passed by the Under Secretary of the Govt.of India addressing to Pay and Accounts Officer (Pensions & Misc) the Ministry of Home Affairs, there is no reference in para 4 of the said letter that the petitioner should submit all documents duly attested by the Gazetted Officer. Further more, when the petitioner submitted the same, as per letter dated 10.12.1999 the petitioner was informed by the Senior Accounts Officer working in the Pay and Accounts Office that the documents are not attested by the Gazetted Officer and therefore the petitioner was called upon to submit the documents duly attested by the Gazetted Officer. It is the submission of the petitioner that as per letter dated 16.12.1999 same were submitted and thereafter on 18.1.2000 letter was received by the petitioner that all documents are not furnished and only photographs are furnished and therefore other documents are also called for. In response to the same the petitioner addressed a letter dated 24.1.01 to the Pay & Accounts Officer, the respondent No.2 herein, whereby it was reiterated that all the documents were produced and it was also stated that if the amount is not disbursed, the petitioner shall be constrained to file petition. At that stage on 6.4.2000 the respondent No.2 instructed the Manager, State Bank of India to disburse the amount of SSS pension at the rate of Rs.1,500.00p.m. with effect from 4.3.96. However, Mr.Kapadia contended that there is no reference to disbursement of interest. The petitioner was compelled to issue notice on 18.8.2000 to the respondent No.2 as well as the Under Secretary-respondent No.1 copy whereof is at annexure "K" to the petition. Thereafter, on 11.9.2000 the respondent No.2 has passed the order of disbursement of interest at the rate of 12% p.a. It is the contention of the petitioner that though actual amount was not received the petition came to be filed.