TEJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has prayed that the respondents be directed to make payment to the petitioner or to deposit the CPF/GPF contribution deducted from his account which they have wrongfully withheld from October, 1983 to December, 1992 and also to make payment of interest accrued thereon to the tune of Rs. 21,430/ - for the period 7.8.93 to 31.7.2007.

(2.) THE respondents have filed a reply claiming that the petitioner was required to submit a bond on a non judicial stamp and thereafter only, the amount could be paid to him. They claim that as the petitioner did not submit the requisite bond a non judicial stamp despite several reminders, he is not entitled to claim any interest whatever as his claim was time barred. It is alleged in the reply that the petitioner submitted the bond in the year 2011 i.e. after a delay of more than 18 years and as such he is not entitled to claim any interest.

(3.) COUNSEL for the respondent submits that in view of Rule 100(2) of the General Finance & Accounts Rules, it is required that whenever any belated claim for payment is made against the Government, the claim cannot be satisfied unless the claimant files a bond on a non judicial stamp. He submits that as the petitioner himself delayed submitting the bond despite repeated reminders, the respondents are not liable to make payment of interest.