The petitioner seeks interest on delayed pension and gratuity payment; the court dismissed the writ appeal and held delay was due to pending charge sheet, not officer fault.
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2L
HIGH COURT OF CHHATTISGARH AT BILASPUR
DB. HON’BLE $HRI DHERENDRk MISHRA‘ & HOW§LE SHRI RN. CHANDRAKAR, JJ
| W | rit Appeal No. 233 of 2008 |
|
|---|---|---|
| _A_ppellam petitioner |
Versus | Baby T. Vargis, S/o Late T. Vergis, aged about 64 year, occupation retired Accounts Officer, Rlo Q.No.F-10 (EWS), Padmanabhpur, Distt. Durg (CG) |
| Respoadents | 1. | MP. Housing Board through the Commissioner, Pariyavas, Mother Teresa Road, Bhopal (MP) |
| 2. | The Housing Commissioner, MP. Housing Board, Pariyavas, Mother Teresa Road, Bhopai (MP) |
|
| 3. | The Chief Accounts Ofhcer, F&A, Chief Accounts Officer, MP Housing Board, Pariyavas, Mother Teresa Road, Bhopal (MP) |
|
The Managing Director, Chhattisgarh Infrastructure Development Corporation, Raipur (CG) |
||
Block Education Officer, Raigarh, Distt. Raigarh |
(CG)
Present:
Mr. Vinod Deshmukh, counsel for the appellant.
Mr.’Yogesh Pandey, counsel for the respondents No. 1 to 3.
ORAL ORDER
(Passedon3rdNovember,2009)
Per Dhirendra Mishm .I
The appellant has preferred this writ appeal against the orderdated 28‘“ August, 2008 passed in W.P.No.2426l04, whereby the petitioner‘s writ petitionfordirectiontotherespondentstoaward interest @ 14.5% on the delayed payment of pension and gratuity amount, has been dismissed.
Learned counsel for the appellant submits that the appellantwas paid 90% of the pension amount on 31 .8.2001 and 75% of the gratuityamounton 5.9.2002, however, rest of the amount against theaforesaidretiraldueswas paid to him only on 16.6.2003, though in pursuance of the charge sheet dated 29.1.2001 warning was issued~to the petitioneron 20‘” June, 2002. Thus, there was delay of one year in release of remaining amount of the pensionand gratuityandthe petitionerwasentitledforinterestoverthesame @14.5%. However, by the impugned orderit hasbeenheldthatdelaywas on account of pendency of chargesheet and enquiry againstthe petitioner and it cannot be held that delay in making payment of pensionarybenefitand gratuitywasonaccountoffaultoftheofficers. It was vehemently argued that , after charge sheet, the appellant was at least entitled for interest towards delay after warning was issued to him.
Wt
9%
thatthe d order and con$idering the impugne After going through ascharge sheetwas was withheld men’ttowardspensionandgratuity andentire Pay tionof the appeHant/petitioner pendingatthetimeof ereafter,superahnuaweareoftheopinionthatthelearnedSingle paymentwasmadeth ntof pensionarybenefit Judgehasrightlyheidthatdelayinmakingpayme ot beeauseof n thisappeal, and gratuitywasenaccountofpendencyofchargesheetandn ents.Thereisnosubstancei fa ultoftheofficerscftherespond missed. //, to bedis missedandis!accordingly,dis y// the WNee i h Sd/i i 3DhirendraMishra Judge
. w 4 a .. ’“ , r
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1 issue framed by the court
Whether interest at 14.5% should be awarded for delay in payment of pension and gratuity after warning was issued
Baby T. Vargis, S/o Late T. Vergis, aged about 64 year, occupation retired Accounts Officer, Rlo Q.No.F-10 (EWS), Padmanabhpur, Distt. Durg (CG)
MP. Housing Board through the Commissioner, Pariyavas, Mother Teresa Road, Bhopal (MP)
The Housing Commissioner, MP. Housing Board, Pariyavas, Mother Teresa Road, Bhopal (MP)
The Chief Accounts Officer, F&A, Chief Accounts Officer, MP Housing Board, Pariyavas, Mother Teresa Road, Bhopal (MP)
The Managing Director, Chhattisgarh Infrastructure Development Corporation, Raipur (CG)
Block Education Officer, Raigarh, Distt. Raigarh
Dhirendra Mishra
Rn. Chandrakar
As recorded by the court registry
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