petitioner was assured by the respondents that the arrears between 1st April, 1997 and 31st March, 2000 shall be paid in five annual instalments the first of which will be not before 1st November, 2002 with interest to be calculated from 1st April, 2000 at the rate applicable in case of provident fund. The petitioner has been paid the said arrears between September, 2006 and January, 2008. The petitioner says that he is entitled to interest for this delay in paying the arrears. The petitioner’s claim for interest accrued in terms of the memorandum dated 21st July, 2000 on the arrear amount from 1st April, 2000. The payment of arrears has been made with interest but not by five annual instalments on and from 1st November, 2002. The petitioner, therefore, became entitled to interest on the arrear amount for the delay beyond the scheduled date of payment as assured under the memorandum dated 21st July, 2000. This right accrued with the full and final payment of the arrears in January, 2008. The petitioner’s right to claim this interest continues till upto his date of retirement when the employer is supposed to pay the interest along with his other retiral benefits. The petitioner is still in service, therefore, the claim to delayed payment of benefits is very much alive. Therefore, the petitioner becomes entitled to claim such interest. The petitioner has approached the Court for such relief without any inordinate delay.
