SATISH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of parties the matter is taken up for final hearing at the admission stage.

(2.) The petitioner seeks interest @ 12% p.a. on the delayed payment of disability pension.

(3.) Mr. Sangeet, learned counsel for the petitioner strenuously contends that the petitioner joined the services with respondents in the year 1985. The petitioner was discharged from the duty on 23/1/1990 on medical ground. The petitioner was not paid disability pension. The claim of the petitioner for disability pension was rejected. The petitioner filed Writ Petition No. 2425 of 2000. The said Writ Petition was allowed by the Division Bench of this Court under Judgment and order dtd. 8/10/2014, thereby the order of rejecting the claim of the petitioner for disability pension was set aside. It was held that petitioner was entitled for the benefit of disability pension and other consequential benefits. The respondents were directed to pay the same. According to the learned Advocate, though the said order was passed in October 2014, the amount of pension was deposited in the account of the petitioner only in the month of December, 2017. The learned Advocate for the petitioner submits that petitioner was entitled to disability pension at least from the month of April 1990. The Rules applicable mandate that the respondents shall make payment of pension within three months. The petitioner was discharged from the duties on 23/1/1990. It means the amount at least ought to have been paid by the Department in April, 1990. The respondent did not pay the said amount, eventually, petitioner had approached this Court. The petitioner is entitled for interest on delayed payment of pension from May, 1990 till the month of December, 2017. Mr. Sangeet, learned counsel for petitioner relies on the Judgment of the Apex Court in the case of K.J.S. Buttar Versus Union of India and another reported in (2011) 11 SCC 429.