VINCENT BARHI TOPPO Vs. STATE OF JHARKHAND THROUGH SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISRATIVE REFORES, JHARKHAND, RANCHI & ORS.

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(S) No.7811 of 2012 dated 22nd Jan., 2014 whereby, the petition preferred by this appellant has been dismissed and the claim of the interest upon the delayed payment has also been rejected by this Court.

(2.) Counsel appearing for the appellant (original petitioner) submitted that this appellant has retired from the service as Additional Collector, Garhwa on 31st Oct., 1993 and thereafter, at much belated stage, the retirement benefits have been paid and therefore, prayer for payment of interest was made in the writ petition which has been dismissed and hence, the present Letters Patent Appeal has been preferred.

(3.) Counsel for the appellant has relied upon the provision of Sec. 7(3A) of the Payment of Gratuity Act, 1972 and submitted that upon delayed payment of gratuity interest ought to be paid and has further submitted that the retirement dues, which are paid at belated stage, interest should have been paid @ 5% or with any other rate of interest as decided by this Court.