DHANI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant has preferred this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the relief of payment of interest on delayed payment of General Provident Fund amount with the prayer to issue direction for the same to the Respondents.

(2.) In brief the case of the applicant as set out in the original application is that the applicant was working as principal in GSSS Chauntra and retired from service on 31.1.2003 on attaining the age of superannuation. As per the statement of General Provident Fund amount closing balance of Rs. 8,72,228/- was due for payment to the applicant on the day of his retirement as per annexure A-l, the payment of General Provident Fund was delayed to the applicant as the same was released to him by Respondent No. 5 after more than 11 months and total amount of Rs. 9,00,232/- was disbursed to the applicant on 6.1.2004 including the interest on the closing balance. Aggrieved by this the applicant has preferred the present original application seeking the relief of payment of interest for delay of more than 11 months in the payment of General Provident Fund amount to the applicant.

(3.) Reply was filed by the Respondents No. 1 to 3 as well as by Respondents No. 4 and 5, the claim of the applicant has been disputed by Respondents No. 1 to 3 on the plea that there was no intentional delay in making payment of General Provident Fund amount and the dues of the applicant have been released after observing the necessary official procedure and formalities after sending the case to the Accountant General in accordance with rules for sanction. It has been further submitted in the reply that an amount of Rs. 9,00,232/- was paid to the applicant after the receipt of sanction from the office of Accountant General. The amount was thereafter released to the applicant without any further delay. Respondents No. 4 and 5 have disputed the claim of applicant for payment of interest beyond 6 months being not admissible under the Rules. It has been further stated that the case of the applicant was received from the Respondent department of the State Government on 29.9.2003 after retirement of the applicant on 31.1.2003. As per the General Provident Fund Rules the subscriber should apply for final release of General Provident Fund in Part-I within 12 months before his retirement and Part-II should be furnished immediately after superannuation. But in the present case the application for final payment was not sent to the Accountant General well in time as prescribed under the Rules, due to this the final payment authority of Rs. 9,00,232/- was issued on 12.12.2003 after allowing interest upto 6 months from the date of retirement i.e. upto August, 2003 as admissible under the General Provident Fund Rules. As per the reply the applicant is not entitled for interest from September, 2003 onwards as there was no delay on the part of replying Respondents. The applicant had also represented to the Accountant General in this regard and he was accordingly informed that the interest as payable has been paid to him in accordance with Rules and he was not entitled for any interest from.