I P MALIK Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is directed against the order of M. P. State Administrative Tribunal, Bhopal Bench, Bhopal (SAT), dated 11-6-1998, passed in O. A. No. 577/1993.

(2.) SHORTLY stated, the petitioner was employed in P. W. D. , Government of Madhya Pradesh. He retired from the post of Assistant Engineer. Through O. A. No. 577/1993, he is seeking direction against respondents for payment of interest on pension, gratuity and leave encashment at the rate of 12% per annum for delayed payments of these service benefits by the respondents. Allegation is that respondents did not pay these benefits immediately after his superannuation from service despite time to time representations. Ultimately, anticipatory pension was sanctioned on 26-11-1992 and final pension sanctioned on 27-3-1995. Similarly, gratuity was sanctioned on 26-11-1992 and paid to the extent of 90%. Leave encashment which could be offered immediately on retirement, was also delayed similarly.

(3.) RESPONDENTS submit that delay was not committed by them; rather petitioner is responsible for the same having furnished prescribed proformas duly filled with regard to drawal of pension, gratuity, leave encashment and contributory funds etc. on 22-5-1992. Thereafter, clarification was sought on 28-11-1992 (Annexure R-2 ). Pension was sanctioned on 26-11-1992, though gratuity was paid to the extent of 90%. Later on, 10% gratuity was disbursed on 30-5-1995 before issuance of direction by SAT.