RAJIVKUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocate Shri Ramnandan Singh, learned advocate appearing for the petitioner. No one is present on behalf of respondent No. 1.

(2.) This petition under Article 226 of the Constitution of India is filed with a prayer to release all the due arrears of retirement benefits as early as possible and also to pay interest at the market rate i.e. 24% p.a. for belated payment.

(3.) Shri Singh, learned advocate for the petitioner has submitted that though the petitioner retired from the service of the respondents on 28.2.1997, till the date of filing of the petition i.e. on 12.8.1997, no retiral dues were paid to the petitioner. As the petitioner was serving in Indian Air Force and rendered 21 years of long service and as per the requirement of law, the petitioner was required to be issued with pension book (Pension Payment Order) at least within 60 days from the date of his retirement. Therefore, according to Shri Singh, learned advocate for the petitioner, the respondents ought to have paid the aforesaid retiral dues at reasonable rate of interest, since no departmental inquiry or any other proceedings were pending on the date of retirement.