N.V. TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent is directed against the order dated 7.9.2012 passed by the learned Single Judge whereby the petition preferred by the appellant -original petitioner claiming interest on the delayed payment of pension benefits is dismissed. The petitioner retired from service on 28.2.2007 on reaching the age of superannuation but the pension was sanctioned only in the month of June, 2010. He, therefore, filed the above said petition seeking interest at the rate of 12% on the delayed payment of pension for the period from 28.2.2007 to 23.4.2010.

(2.) LEARNED Single Judge dismissed the petition observing that it is a disputed question of fact whether the so called delay was caused at the ends of the respondents or the authority concerned dealing with pension papers. It is further observed that the payment of interest requires detailed examination of facts, which is not possible in the present proceedings since the writ is not maintainable for a claim of interest.

(3.) LEARNED A.G.P. Mr. Rutvij Oza appearing for the respondents submitted that it was on account of pending dues against the petitioner, the pension of the petitioner could not be finalized. Mr. Oza submitted that ultimately recovery of Rs. 2,52,060.00 could be made from the gratuity payable to the petitioner and thereafter, the pension of the petitioner was finalized. Mr. Oza submitted that the delay in payment of pension was for the above said reason and, therefore, it cannot be said that the respondents were responsible for such delay. He, therefore, submitted that the learned Single Judge has committed no error in not entertaining the claim of the petitioner for interest on the ground that such claim being disputed claim, could not be decided in a writ petition.