SEWAK SARAN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Sewak Saran Gupta, a retired District Judge, has preferred this writ petition praying inter alia for a direction to the respondents to pay interest @ 18% per annum on the delayed payment of his retiral dues.

(2.) After putting in 33 years of unblemished service, the petitioner, on attaining the age of superannuation, retired from service from the post of District Judge, Deoria on 31.03.1999. Nine months before the petitioner retired, in July, 1998, the petitioner was served with a letter dated 07.07.1998 sent by the Registry of High Court, requiring him to submit his pension papers. It is alleged that in response to the said letter, the petitioner sent his pension papers, duly completed in all respect, along with his letter dated 03.08.1998 to the Registry of High Court. Just before his retirement, the petitioner sent a letter dated 19.03.1999 to the Registry with a request that his pension and gratuity papers be forwarded to the Directorate of Pension at the earliest so that he may get his retiral dues immediately after his retirement and he may not have to face any financial hardship. The petitioner further requested that in case it was not possible to process his pension papers at an early date, for any reason, whatsoever, then provisional pension and gratuity be paid to him as per the rules. The petitioner is said to have sent reminders on 19.06.1999 & 04.08.1999 for expediting the payment of his retiral dues. On 03.08.1999 the respondent no.5 forwarded the pension papers of the petitioner to the Director, Directorate of Pension, Lucknow-the respondent no. 2. The respondent no. 2, after about four months, on 29.01.2000, sent the 'Pension Payment Order' to the Accountant General (A&E) II, UP, Allahabad-the respondent no.3. Eight months thereafter, the respondent no.3 on 20.09.2000, after getting the alleged error in the 'Pension Payment Order' rectified by the respondent no.2, sent the requisite order to the Accountant General (A&E), Madhya Pradesh, Gwalior - the respondent no.6 for disbursement of petitioner's pension and other retiral benefits. The respondent no.6, in turn, on 20.12.2000 forwarded the pension papers of the petitioner to the Treasury Officer, District Datia, Madhya Pradesh - the respondent no.7. Ultimately, on 12.02.2001, the petitioner was paid a sum of Rs. 3,49,470/- towards gratuity and on 19.02.2001, the petitioner was paid a sum of Rs 4,76,531/- towards commutation of pension and Rs. 1,85,938/- towards arrears of pension. A sum of Rs 36,092/- towards Group Insurance had already been paid to the petitioner on 25.07.2000. Shortly thereafter the petitioner was paid a sum of Rs 530/- towards gratuity which was earlier withheld for want of some ''No Dues Certificate'. The petitioner made a representation to the respondent no.5 claiming interest @ 18% per annum on delayed payment of his retiral dues. But, as no action was taken by the authority concerned, the petitioner approached this Court by means of the present writ petition claiming penal interest on delayed payment of his retiral dues.

(3.) The respondents (except respondent no.4) have filed their separate counter affidavits. In their respective counter affidavits, the contesting respondents have stated the manner in which the matter was dealt with at their end and have tried to account for the time taken by them in processing the pension papers of the petitioner and have submitted that there was no deliberate or willful delay on their part.