BHUPENDRA NATH BARIAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The grievance of the Petitioner is that though he superannuated from the service long back on 1.12.1992 and his pensionary dues were paid only after five years some time in May, 1997, the Respondents have not paid the interest as per the statutory provisions and the Government circular. It is thus submitted that the Petitioner is entitled for interest as per the Government decision, contained in Memo No. P.C. 2-1-16/79/3155, dated 7.11.1981. The Petitioner submitted representation claiming interest pursuant to the said Government decision, but the same has been rejected, vide Annexure-4.

(2.) A counter affidavit has been filed on behalf of the Commissioner-cum-Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna (Respondent No. 2). In the said counter affidavit it is stated that the claim for interest over delayed payment of gratuity/pension is not justified as, according to the Respondent, the application for sanctioning of pension/gratuity in prescribed proforma was not received from the Petitioner till 8.8.1996. It is stated that after receipt of the application in proper proforma, the sanction order for payment of pension/gratuity was sent to the A.G. Bihar, vide Resident Commissioner's latter No. 655 dated 18.12.1996.

(3.) This Court fails to appreciate the aforementioned stand of the Respondents for denying interest payable to a Government servant as per the aforementioned Government decision dated 7.11.1981. There is nothing mentioned in the said circular that the interest shall be payable only to such Government servants who filed their application soon after their retirement and no delay is caused by them.