LAWS(J&K)-1994-8-12

SOM NATH Vs. ACCOUNTANT GENERAL

Decided On August 24, 1994
SOM NATH Appellant
V/S
ACCOUNTANT GENERAL Respondents

JUDGEMENT

(1.) THE following two reliefs have been claimed by the petitioner in this petition filed under Art. 226 of the Constitution of India, namely:

(2.) IN so far as the first relief is concerned, it is worthwhile to mention that the petitioner has received the amount of Rs. 24543/ - as commuted pension and that he has been receiving monthly pension at the rate of Rs. 271/ - per month. The petitioners only grievance is that he should be paid monthly pension of Rs.406/ - per month. This grievance however is without any basis because the petitioner has not been able to support the allegation of reduction of pension on any tangible ground whatsoever. There is a bald assertion in the petition about the reduction of the pension amount but is not supported by any facts or figures nor has the petitioner quoted any rules and regulations to allege and establish that infact what he has been receiving is lesser than what is due to him.

(3.) IN so far as the second relief is concerned, the admitted case of the petitioner is that he has received Rs. 24543/ - towards the commutation of his pension. His grievance however is that this amount was due to him much before it was actually received by him and that because of the delay in his actual payment the respondents have become liable to compensate him by paying interest at the rate of 18% per month on the amount from the date it became due up till the date it was actually payable to him. I am not commenting upon the merits of the controversy nor I be taken to express any opinion as to whether the respondents were at all liable to pay interest on the belated payment or not.