PITAMBAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the writ petition, the petitioner has challenged the last portion of the order, contained in Memo No. 1174 dated 21st April, 1995, by which while it has been decided that the petitioner is notiable to pay penal rent, it has been ordered that the petitioner will not receive any interest over the provident fund amount for the delayed payment. Further prayer has been made for direction on the Respondents to pay interest with respect to delayed payment of pension which was not paid to the petitioner within a period of three months from date of retirement.

(2.) The petitioner was in the service of the Respondent-State and, retired in April, 1988 from the post of Lozer Driver. The Respondents when did not choose to release the post retirement benefits of pension and general provident fund, the petitioner moved before this Court in C.W.J.C. No. 4970 of 1993 for such payment.

(3.) During the pendency of the writ petition, the Respondents issued a pension payment order on 23rd Sept. 1993. This Court by order dated llth May, 1994, while took into account that the pension payment order has already been issued, so far as provident fund is concerned, it was ordered to pay the same in favour of the petitioner. In the said writ petition, the Respondents raised an objection and stated that the petitioner was liable to pay penal rent and a sum of Rs. 4,225/- was liable to be recovered from such retirement benefits, in penal rent. This Court directed the authorities to decide the matter and then to release the provident fund amount in favour of the petitioner.