N A TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction directing the respondent to pay interest for the duration and amounts as stated in para 9 of this petition at the rate of 10%.

(2.) LEARNED advocate for the petitioner has vehemently submitted that the petitioner is entitled to the interest on the amount, which was paid in the year 2007 and 2008 on delayed payment of arrears of pay, leave encashment, gratuity, pension, etc.

(3.) AT the outset, it is required to be noted that this Court is at pains to observe that prima facie, it appears that the judgement and decree dated 30th June,2006 passed by the learned 6th Additional Senior Civil Judge and Judicial Magistrate, First Class, Ahmedabad (Rural) in Special Civil Suit No. 201 of 2004, is not sustainable. It is very unfortunate that the State Government has not preferred any appeal against that order and the petitioner was paid approximately Rs. 17,93,979/ -. Be that as it may. It is to be noted that the amount is paid to the petitioner on the basis of judgement and decree of the trial court and even the petitioner also filed Execution Petition. The petitioner ought to have claimed the interest in the Execution Petition, which the petitioner has not claimed in the Execution Petition and subsequently, the present Special Civil Application is preferred. There is no deliberate delay on the part of State Authority in disbursement of retiral benefits.