CHUDASAMA JADAVBHAI MAGANLAL Vs. CHIEF SECRETARY

JUDGEMENT

(1.) THE only prayer made in this petition under Article 226 of the Constitution of India is to direct the respondents to pay interest @ 18% per annum on delayed payment of pension and gratuity.

(2.) IT appears that on the last date of retirement of the petitioner I.e. 31.01.2000, he was served with charge-sheet. The concerned authority, however, had released the provisional pension on 08.03.2000. The petitioner was then exonerated of the charges on 06.11.2000 and ultimately, the pension of the petitioner was sanctioned on 08.08.2001.

(3.) BECAUSE of late release of pension and gratuity benefits, the petitioner demanded interest on such delayed payment of pension and gratuity which came to be refused by respondent ­ State authority through its Deputy Secretary. Panchayat, Village Housing and Development, Gandhinagar by letter dated 07.10.2002 at Annexure ­ G. No reasons are found in the said communication for denying benefits of interest on the delayed payment of pension and gratuity to the petitioner.