H Z VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case are that the petitioner has retired as Mamlatdar and Executive Magistrate on 31-7-1996 from service of the State Government. It is the case of the petitioner that he would have been entitled for payment of provisional pension, computed pension and the gratuity amount. However, there was delay in disbursement of the aforesaid amount and ultimately the amount is paid to the petitioner on 21-9-1999. The petitioner had addressed the letter to this Court (Coram: S.K. Keshote, J.). On the basis of the said letter, suo motu powers were exercised by treating the letter as SCA No.11428/2000 and ultimately on 3-11-2000 this Court (Coram: S.K.Keshote, J.) directed for placing the matter before the High-power Committee and also directed that the petitioner would be entitled for interest at the rate of 18% if there is any delay in making payment. It appears that thereafter, on 1-12-2000 the High-power Committee of the Government considered the matter and found that the amount of gratuity was payable and since there is a delay as per the policy of the government the petitioner would be entitled to the interest at the rate of 12% on the delayed payment of gratuity. However, so far as the amount of pension is considered it was found by the High-power Committee that there is no policy of the government to pay interest on pension and commuted pension and, therefore, the Committee did not recommend for payment of interest over the amount of pension and commuted pension. Thereafter, in pursuant of the recommendation of the High power Committee, the petitioner has been paid interest of Rs.51,036/= towards delay caused for payment of the gratuity amount.

(2.) Pending the aforesaid, the Division Bench of this Court (Coram: D.M.Dharmadhikari, C.J. - as he was then & P.B.Majmudar, J.) in LPA No.334/2001 on 18-4-2001 laid down that even when suo motu powers are exercised by any Hon'ble Judge of this Court, after initiating the process the matter is required to be sent to the Hon'ble the Chief Justice and the matter is to be considered as per the roster notified by the Hon'ble the Chief Justice. It appears that thereafter, in view of the aforesaid Division Bench's judgement of this Court, this Court (Coram: S.K.Keshote, J.) passed the order dated 25-4-2001, whereby the earlier order dated 3-11-2000 was recalled. Therefore, as a consequence thereof, the position is that there is no order passed by this Court for payment of the interest on the delayed payment of gratuity or the pension.

(3.) The petitioner under the circumstances has approached to this Court for quashing of the decision of the Committee (Annexure "C") dated 1-12-2000 and for giving directions to the respondent authority to pay the interest @ 18% per annum on all pensionary benefits and on the amount of gratuity.