A R N SETALVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution was pressed for the relief of finalisation of the pension case of the petitioner and to order payment of interest on delayed payment of all the retiral benefits.

(2.) Upon the statement being made by the learned A.G.P.that, since the departmental inquiry initiated against the petitioner was decided to be dropped, the pension case of the petitioner would be finalised within a period of one month from today and that statement, made on instructions, having been accepted on behalf of the petitioner, the first and main prayer in the petition did not survive.

(3.) As for the claim of interest on delayed payment of retirement benefits, learned counsel Mr.Upadhyay submitted that the petitioner was served with chargesheets after the date of his retirement and he was unnecessarily and unduly harassed into facing departmental inquiries which remained inconclusive. And that had resulted in delay of five years in the payment of full retirement benefits. He, however, fairly conceded that the petitioner was in receipt of the amount of provisional pension and the dispute regarding the proper amount of pension would be now resolved while the pension case of the petitioner would be finalised. The amount of gratuity was also paid by now, but that was only after an interim direction of this Court. The payment of retiral dues was thus unduly delayed and the petitioner was, therefore, entitled to interest on such amount, according to the submission.