MOHAMMED HUSSAIN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) THE petitioner, who retired from the services of the Municipal Board, Bhadra from the post of Lower Division Clerk on 31.05.1999, has filed this writ petition stating the grievance that after retirement, the respondents did not make complete payment of retiral benefits to him and certain payments were made in installments and ultimately, the remaining amount of retiral benefits was paid on 01.07.2004 but then, the respondents failed to make him payment of interest to the tune of Rs. 54,828/ - for such delayed payment. The petitioner has further pointed out that he made the representations for making of such payment of interest whereupon, the orders were issued to the incumbents who were held responsible for different components of interest for the period they were holding the post of Executive Officer. The petitioner has stated the grievance that several times, the communications have been issued to such incumbents for making payment but he has been deprived of the due amount of interest on the ground that the respondents have not received the payment from the concerned officers.

(2.) THE stand of the respondents Nos. 1 to 3 in their replyhas essentially been that three of the incumbents had made the payment of interest and only an amount of Rs. 28,902/ - liable to be paid by one Shri Prithvi Raj Jakhar has not been received and hence, could not be paid to the petitioner. The respondent No. 4, Executive Officer, Municipal Board, Bhadra, has taken the stand that the respondents had fixed the liability on the concerned officers for delayed payment of retiral dues and that there was no fault on the part of the answering respondent. It has also been averred that the petitioner had already been paid an amount of Rs. 24,565/ - towards interest on delayed payment and further an amount of Rs. 28,902/ - was being arranged to be recovered from the said Shri Prithvi Raj Jakhar and as soon as received, the same would be paid to the petitioner.

(3.) THIS matter was heard on 01.11.2011 and was placed for dictation of order. However, for the observations made during the course of hearing of the matter, the respondent No. 4 has taken the corrective steps and today, before commencement of dictation of order, the learned counsel appearing for the respondent No. 4 handed over a cheque bearing number 7220 drawn on ICICI Bank Limited, Bhadra Branch, Bhadra in favour of the petitioner in the sum of Rs. 28,902/ -. The cheque has duly been received by the learned counsel appearing for the petitioner.