KEDARA CHANDRA SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed this Writ Petition seeking a direction to be issued to the Opp. parties to pay the revised gratuity to an amount of about Rs.3,46,995.00. He has additionally prayed for a direction to be issued to the Opp. parties to pay the interest at the rate of 8.5% for such intentional delayed payment of gratuity as per Rule 49(5) of Odisha Civil Services (Pension) Rules, 1992 from the date of actual entitlement till actual payment.

(2.) Shorn of unnecessary details, the factual matrix of the case in brief is that the petitioner while working as District Welfare Officer at Kandhamal, retired from service w.e.f. 31/1/2007 on attaining age of superannuation. After retirement pension payment order was issued bearing No. 367366. After 6 months of retirement, proceeding was initiated against the petitioner vide memorandum dtd. 25/6/2007 under Rule-15 of OCS (CC&A) Rules, 1962 read with Rule-7 of OCS (Pension), Rules, 1992. The petitioner was directed to file his written statement of defence within 30 days from the date of receipt of the memorandum of charges. Accordingly, the petitioner submitted his written statement of defence on 12/8/2008.

(3.) After submission of written statement, there was no progress in the Departmental Proceeding. While the matter stood, the Finance Department published a resolution dtd. 2/4/2011 regarding revision of pension/Family pension, Gratuity, Commutation of pension for State Government employees w.e.f 1/1/2006. The maximum limit of DCRG (Death Cum Retirement Gratuity) was enhanced from Rs.2.5 lakhs to 7.5 lakhs w.e.f 1/1/2006 instead of 1/12/2008. It had also been clarified that the employee who have retired during the period from 1/1/2006 to 30/11/2008 are entitled to DCRG up to a maximum of Rs.7.5 lakhs on revision of pay scale w.e.f. 1/1/2006. The petitioner retired on 31/1/2007. So, he comes under the Notification of Finance Department and is entitled to get such enhanced gratuity amount.