DAHYALAL KANJIBHAI NANAVATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Ms. Jyoti Bhatt waives service of rule for respondent No. 1. Direct service is permitted for respondent Nos. 2, 3 and 4.

(2.) This petition is filed seeking direction to the respondents to pay interest on delayed payment of retirement dues.

(3.) Heard learned advocate Ms. Vyoma K. Jhaveri for the petitioner. She submitted that the petitioner was appointed as direct recruit in the Office of District Collector, Mehsana as Junior Clerk on 3/1/1981 and thereafter promoted on various promotional posts and retired as Assistant Commissioner, Nadiad on 31/10/2020. Before few days of his retirement, the petitioner was served with the charge sheet initiating departmental inquiry. The departmental inquiry was initiated de-hors their own circulars and rules. She further submitted that more than two years have been passed despite that nothing initiated in relation to departmental proceedings. The petitioner has been paid the retirement benefits belatedly without any reason. She submitted that petitioner was given 90% gratuity (Rs.14,42,684.00) on 3/2/2023 after a period of two years of retirement as departmental inquiry is pending. He was given retirement benefit of leave encashment (Rs.9,34,960.00) on 30/8/2022, after one year and seven months from the date of retirement. The petitioner received his insurance amount (Rs.1,52,210.00) on 21/5/2021, after delay of three months and 21 days from the retirement. As the retirement dues are paid belatedly, without there being any fault. The representation dtd. 14/2/2023, seeking payment of interest on belated payment retirement is pending consideration, till date.