B D DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) AGGRIEVED by order dated 14-7-1998 (Annexure P-l), passed by the M. P. State Administrative Tribunal, Gwalior, in O. A. No. 160/98, this petition under Article 227 of the Constitution of India has been preferred by the petitioner.

(2.) THE facts in brief are that the petitioner, who was holding the post of Joint Director of Education, retired w. e. f. 30-6-1988. Thereafter, a departmental enquiry for misconduct was held against him, but was later on dropped vide order dated 23-2-1995 (Annexure P-3) and he was paid arrears of pension amounting to Rs. 98,631/- together with commuted amount of pension of Rs. 60,978a and gratuity and leave encashment on 19-8-1996 and 24-5-1997. Contending that these amounts of his retiral benefits were withheld without any authority of law and therefore, he has entitled to interest on all these amounts at the rate of 18% per annum, an application, registered as O. A. No. 160/98, was filed by the petitioner before the M. P. State Administrative Tribunal, Gwalior. That original application of his was disposed of by that Tribunal vide impugned order dated 14-7-98 allowing his claim of interest at the rate of 12% per annum on the amount of gratuity and leave encashment only and denying his claim for interest on the delayed payment of pension and the commuted pension.

(3.) THE learned Counsel for the petitioner contended that no amount of his pension could have been withheld without the orders of the Governor or in any case after the expiry of the period of two years from the date of his retirement, in view of the proviso to Clause (4) of Rule 9 of M. P. Civil Services (Pension) Rules, 1976.