LILABEN DINUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed by the present petitioner under Articles 14, 21, 226 and 300(A) of the Constitution of India for the Basic Human Rights claiming the delay occurred in making payment of retiral benefits. She has also prayed for interest from the respondents.

(2.) The petitioner was last working as a Matron at General Hospital Gandhinagar under the respondent Nos. 2 and 3. On reaching the age of 58 years, the petitioner retired on 31.07.2014. However, filling of mandatory Form 22 for monthly pension, gratuity etc. was not complied with by the respondents, and as a result of that, there was delay of more than 7 months in making payment of the retiral benefits to the petitioner. Ultimately, the petitioner has been paid her retiral benefits of approximately Rs. 15,00,000/- on 17.03.2015. Petitioner has prayed for interest on this delayed payment @ 12.50% per annum.

(3.) The respondents have contested this case by filing Affidavit-in-Reply in which, it is stated that as per the Resolution dated 20.12.2002 passed by the State Government, if an employee retires from service, is involved in some Departmental Inquiry or Court Case etc., the retiral benefits payable to that employee can be delayed and the retired employee will not be entitled to the payment of interest for a period of three months from the date of his/her retirement. However, such employee shall be entitled to the interest @ 9% per annum from the period beyond this period of three months.