A A VOHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was serving as a Deputy Mamlatdar and he retired from the aforesaid post, by reaching the age of superannuation, on 28.2.1998. While he was in service, he was subjected to charge-sheet dated 6.7.1987 for various charges. Subsequently, Enquiry Officer was also appointed and regular departmental enquiry was conducted against the petitioner. On conclusion of the enquiry proceedings, the Enquiry Officer found that the charges against the petitioner were not proved and charge-sheet was withdrawn on 23.7.1999. Since at the time of superannuation, an enquiry was pending, he was permitted to retire under the provisions of Rule 189-A of the BCSR, but his gratuity amount as well as amount of commuted pension was withheld by the Department. After the conclusion of the enquiry and after the aforesaid order, exonerating the petitioner from the charges, the petitioner was paid his amount of gratuity and amount of commuted pension and the benefit of higher pay scale, which was also withheld because of the pendency of the enquiry. Initially, the petitioner had filed a writ petition before this Court, being Special Civil Application No.5335 of 2000. However, he was permitted to make a representation and that petition was accordingly disposed of.

(2.) Thereafter, by an order dated 22nd February, 2001, it was decided that so far as the delay in payment of gratuity amount is concerned, the petitioner will be entitled to interest at the rate of 12% per annum for the delayed payment and the period for which such interest is granted is also stated in the said order, viz. between 1.6.1998 and 3.11.1999. Interest at the rate of 12% per annum for the aforesaid period for the delayed payment of gratuity is accordingly paid by the State Government. The Authority has not granted interest on delayed payment of commuted pension as well as delayed payment of higher grade scale. The petitioner, therefore, has again approached this Court by way of this petition, with a prayer that the Government should be directed to pay interest on the same line on which he was paid interest on delayed payment of gratuity on both the aforesaid counts, i.e. commuted pension, as well as amount regarding higher grade scale. The petitioner has also claimed further amount of interest for delayed payment of gratuity for three months as interest is paid after a period of three months from the date the petitioner retired from service.

(3.) The aforesaid petition is resisted by the respondents by filing affidavit-in-reply. The affidavit-in-reply is filed by one G.M.Damor, Additional Collector, District : Sabarkantha. Paragraphs 4 and 5 of that reply, which are relevant, run as under :-