LAWS(MPH)-2012-12-50

OM PRAKASH SAXENA Vs. STATE OF MP

Decided On December 19, 2012
OM PRAKASH SAXENA Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) IN this petition filed by the petitioner the only prayer is for grant of interest on delayed payment of residuary gratuity and pension. Brief facts necessary for lawful adjudication of the matter are as under:- 1. Petitioner received benefit of second Kramonnati in the pay scale of Rs.7500-12000 w.e.f. 19.4.1999. The fixation was accordingly made. The provisional basic pension and anticipatory DCRG to the tune of Rs.2,50,000.00 was sanctioned in favour of the petitioner. The said provisional pension with dearness relief up to 31.12.2010 was deposited in the bank account of petitioner. On 24.01.2011 Pension Payment Order (PPO) and two cheques for pension and gratuity were given to petitioner, which were deposited in the bank.

(2.) THE petitioner submits that ultimate payment was made to him belatedly and non-payment of the retiral dues in time was unjustified. He submits that the reasons for delayed in payment were solely attributable to the department and no fault can be found with the petitioner.

(3.) THIS matter was taken up on 5.10.2012. The respondents took a stand on that date that certain signatures in specified format were required to be filed by the petitioner and since the same were not submitted by him, delay occurred for which the department cannot be blamed. This Court asked a specific question and directed the respondents to file a return to show if signature and formalities were completed, when petitioner completed the same and when the respondents proceeded therefrom.