HASMUKHRAI KESHAVLAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel Mr.Mehul Shah for the petitioner and Mr.Ronak Raval, learned Assistant Government Pleader for the respondent authorities. The petitioner had voluntarily retired from the post of Superintending Engineer on 30.09.1996. At that time, neither any departmental inquiry was pending against the petitioner nor any due was to be recovered from him. Inspite of this his pension case was not finalized and therefore the petitioner had approached this Court. After issuance of Notice by this Court, pension case was finalized and the petitioner was paid his dues. Therefore, at the time of admission of this petition, the only aspect left was, payment of interest on delayed payment of dues.

(2.) LEARNED counsel for the petitioner indicated that even the interest is paid by the authorities @ 6% per annum. The petitioner however has the grievance that the interest, which was payable to the petitioner in the year 2001, was paid after about a decade and that too at the lesser rate. According to him, rate of interest should be 18% per annum as per the view taken in various decisions by this Court and in any case it should not be less than, which was as per the policy of the Government prevailing then, which was 12%.

(3.) HAVING heard learned counsel for the parties, I find that there is substantial force in the argument advanced by learned counsel for the petitioner that the petitioner ought to have been paid interest at the rate higher than 6% p.a. Two rates of interest are suggested, (i) 18% as per view taken in the decision of this Court in case of Suo Motu For B. K. Dudani vs. State of Gujarat and Ors. reported in 2002 (1) 137 and (ii) second is, 12% p.a. as per the policy of the Government prevailing then. Taking a lenient view, in favour of the Government, in my view ends of justice would meet if the respondents are directed to pay interest to the petitioner @ 12% per annum, on the delayed payment of his retirement dues which is already calculated, as delayed payment by the Government and for which even interest is paid @ 6% per annum. The claim of the petitioner in this regard needs to be accepted to this extent. It will be open to the Government to adjust the amount of interest which is already paid to the petitioner @ 6%.