DEVENDRASINGH KESHARISINGH RATHOD Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) The learned counsel for the petitioner seeks leave to delete the words "because of poor, weak and sick administration of the respondents" in paragraph 4 of the petition. Leave as prayed for is granted.

(2.) . The petitioner, who was a Joint District and Sessions Judge, retired voluntarily from service on 8-7-1999 as per the order dated 6-7-1999. The District Judge, Junagadh fixed the provisional pension of the petitioner on 1-10-1999. In this petition under Article 226 of the Constitution, no grievance is made about any delay in payment of monthly pension, but the petitioner has prayed for a direction to the respondents to pay the petitioner interest at the rate of 24% p.a. on the amount of commuted pension and gratuity for the period from 8-7-1999 to 20-3-2001 i.e. for about 19 months and on the amount of leave encashment for the period from 8-7-1999 till 15-2-2000 i.e. for about 8 months. The petitioner has relied on the Government resolutions annexed with the petition in support of his claim that the respondents must pay interest for the delayed payments of all the retiral benefits.

(3.) . The grievance being made by the petitioner is required to be appreciated in the context of the difference between the case of an employee retiring on superannuation in the normal course and the case of an employee voluntarily retiring from service such as the present case. In ordinary case of retirement on superannuation, the Government or the employer is aware of the date of superannuation and, therefore, the concerned department starts preparing pension papers at least one year in advance prior to the date of retirement. Hence, if an employee retiring on superannuation in the normal course does not get the retiral benefits like pension and gratuity within a reasonable time from the date of retirement, he would be justified in making a grievance against the delay in receiving the pension and gratuity as he would have no other source of income for maintaining himself and the family and, therefore, the Courts have been directing the Government and the other public sector employers to pay interest on delayed payments of the retiral benefits. The rate of interest being awarded earlier was 12% p.a. which is now 9%p.a..