BANARSI RAM Vs. STATE OF U P

JUDGEMENT

(1.) VINEET Saran, J. The petitioner retired on 31. 2. 1997 as Senior Supply Inspector in the department of Food and Civil Supplies of the State Government. When he was not paid his retiral dues, he filed Civil Misc. Writ Petition No. 31936 of 1998 which was disposed of by this Court on 7. 10. 1998 directing the authorities to decide the representation of the petitioner in this regard. When the representation of the petitioner was not decided, he filed a contempt petition. It is stated that in the year 1999 certain dues were paid to the petitioner but his entire retiral dues had not been paid to him. However, in the year 2005 his entire retiral dues including gratuity and arrears have been paid. Now by means of this writ petition the petitioner has prayed for payment of 18% interest per annum on the delayed payment of retiral dues.

(2.) I have heard Sri A. S. Diwekar, learned Counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Pleadings have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.

(3.) A Government Order dated 6. 12. 1994 has been filed alongwith the writ petition, in which it is categorically provided that in case if the retired employee is paid his retiral dues after three months of his retirement, he would be entitled for payment of interest at the rat of interest paid on the Provident Fund, which at the time of issuance of Government Order was 12% per annum. It has been stated that the present rate of interest on Provident Fund is 8% per annum. In such view of the matter, in terms of said Government Order, the petitioner shall be entitled to payment of interest of 8% per annum for delayed payment, i. e. to say, the payment which was made to him in 1999, would be entitled for interest from 1. 1. 1998 till the of such payment, and in case of payment made after 1999 and till 2005, the interest would be calculated at such rat from 1. 1. 1996 till the date of actual payment. The respondent No. 2 shall ensure that the interest is calculated within a period of three months from today and the same is paid to the petitioner within six weeks thereafter. The matter is more than a decade old. Hence in case if the interest is not paid within the aforesaid period, the rate of interest then payable would be 12% instead of 8%.