SMT. LAXMI THAPA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is claiming interest on delayed payment of Rs. 6,51,897/- which has been paid to him as post retiral benefits.

(2.) The petitioner came to this Court in W.P.(S) No. 6533 of 2007 which was disposed of by an order dated 24.04.2009 in the following terms:

(3.) It appears that a proceeding was initiated against the petitioner on the allegation that she overstayed in service, beyond the period of superannuation. Considering the fact that she had worked under the Department without any misrepresentation or fraud, a direction was issued by the Writ-Court not to recover/adjust amount already paid to the petitioner, for she had actually worked. However, she was held not entitled for any other relief or benefit for those period. Admittedly, pursuant to order dated 24.04.2009 all admissible post retiral benefits have been paid to the petitioner. There was no prayer for payment of interest on delayed payment of post retiral benefits to the petitioner in the previous writ-proceeding. Evidently, prayer in the writ-petition is barred by constructive res-judicata.