B K GADHAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner has prayed for a direction to the respondent authorities to pay the petitioner pension and retiral dues with interest thereon.

(2.) . At the hearing of the petition today, the learned counsel for the parties state that the pension payment order has already been issued on 15.7.2002 and that thereafter monthly pension is also being paid as per the said pension payment order. The arrears of pension are also paid on 16.7.2002. The controversy now only survives about the interest demanded by the petitioner.

(3.) . Mr RV Desai, learned AGP for the respondents points out that the petitioner was earlier covered by the contributory provident fund scheme and as per the said scheme the petitioner was paid the employer's contribution which was required to be recovered and, therefore, the employer's contribution alongwith interest thereon as per the relevant Government Resolution has been recovered from the petitioner including penal interest at 2.5%. Accordingly, the total amount of employer's provident fund contribution and interest thereon works out to Rs. 2,00,806.00. After adjusting the said amount against the gratuity amount of Rs.2,13,030.00, the balance amount of Rs. 12,124.00 has already been paid to the petitioner. It is further submitted that the petitioner cannot claim any interest on the amount of commuted pension which has been worked out at Rs.3,13,625.00. Mr Desai further states that the petitioner had applied for pension for the first time in January, 1998.