N P DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates. The petitioner, a retired Government servant, claims interest on the amount of retiral benefits which, according to the petitioner, were paid belatedly.

(2.) The petitioner is a qualified doctor. At the relevant time he was serving as Associate Professor, Regional Training Centre, Sachin, District Surat in Class-I service. On 1st April, 1996 he made application for voluntary retirement on expiry of three months' notice period i.e. 30th June, 1996. It is the claim of the petitioner that till 30th June, 1996 he did not receive any communication from the State Government. He, therefore, unilaterally handed over charge and relieved himself from service. The petitioner thus stood retired from service with effect from 1st July, 1996. The retiral dues, however, were not paid until 30th June, 1999. The petitioner has, therefore, presented this petition under Article 226 of the Constitution of India and has claimed that the petitioner be paid interest 18% per annum over the amount of retiral benefits received by the petitioner.

(3.) In answer to the notice issued by this Court the State Government has appeared and has contested the petition. It is denied that the petitioner was not given any communication until 30th June, 1996. It is stated that on 30th April, 1996 the petitioner was informed that his application for voluntary retirement was under consideration and that he shall not retire from service till he is permitted to retire by a specific order. On 29th June, 1996 a telegram was sent to the petitioner informing that his application for voluntary retirement was not accepted and that he should not be relieved on 30th June, 1996.