Disposed¶27

Chaitanya Kumar Tripathy v. Chancellor, Sambalpur University

Orissa HC7 Nov 2024WP(C)/108/2019

Case brief

AI extract

What is this about?

Delayed pension and gratuity interest; superannuation 31.08.2015; benefits Rs.9,54,877/- released 25.06.2024; qualifying service regularisation of period 18.08.1987 to 22.07.2002 under Statute-260, Odisha Universities First Statute, 1990; Sambalpur University; 7% per annum interest for 01.09.2015 to 24.06.2024; two-month release deadline; Chaitanya Kumar Tripathy v. Chancellor, Sambalpur University; W.P.(C) No.108 of 2019; High Court of Orissa at Cuttack; Justice Biraja Prasanna Satapathy; order dated 07.11.2024; writ petition disposed of.

What did the court decide?

Interest @ 7% per annum on the pensionary amount of Rs.9,54,877/- for the period 01.09.2015 to 24.06.2024, directed to be paid by the University (O.P. No.3) and released within two months from receipt of the order. ¶27

Chaitanya Kumar Tripathy Vs Chancellor, Sambalpur University — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who retired on superannuation on 31.08.2015 but received pension and gratuity (Rs.9,54,877/-) only on 25.06.2024, is entitled to interest for the delayed payment of gratuity and pension. +1 more

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Court's answer

As no explanation was given in the counter affidavit for the delayed action in treating the period as qualifying service, the Court held the petitioner eligible to the benefit of interest for the delayed payment of pensionary benefit made on 25.06.2024.

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Ratio / Principle

The Court found that the University's action in treating the period 18.08.1987 to 22.07.2002 as qualifying service under Statute-260 could have been taken much prior to 24.06.2024.

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Key takeaways

The Court directed University-O.P. No.3 to pay interest @ 7% per annum on the pensionary amount of Rs.9,54,877/- for the period 01.09.2015 to 24.06.2024, the interest to be released within two months from receipt of the order.ratio¶26

Detailed headnote1 paragraphs

Writ Petition (Orissa High Court, Biraja Prasanna Satapathy, J.) disposed of with a direction to Sambalpur University to pay 7% per annum interest on delayed pensionary benefits. The petitioner superannuated on 31.08.2015 but received pension and gratuity of Rs.9,54,877/- only on 25.06.2024, because his service period from 18.08.1987 to 22.07.2002 was integrated and recommended as qualifying service under Statute-260 of the Odisha Universities First Statute, 1990 only on 24.06.2024 (Annexure-A to the counter affidavit). Finding no explanation for the belated regularisation, which the University could have effected under the Statute much earlier, the Court held the petitioner entitled to interest and directed University-O.P. No.3 to pay interest @ 7% per annum on Rs.9,54,877/- for 01.09.2015 to 24.06.2024, to be released within two months.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.108 of 2019

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Chaitanya Kumar Tripathy

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…. Petitioner

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Mr. S. Behera, Advocate

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-versus-

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Chancellor, Sambalpur University and Others

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…. Opposite Parties

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Mr. C.M. Singh, ASC Mr. A. Sikdar, Advocate for University

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

07.11.2024

Order No.

09. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel for the parties.

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3. Petitioner has filed the present Writ Petition inter alia claiming interest for delayed payment of gratuity and pension.

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4. It is contended that petitioner retired from his services on attaining the age of superannuation on 31.08.2015 and he was released with his pension and gratuity amount, amounting to Rs.9,54,877/- only on 25.06.2024.

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4. 1. It is accordingly contended that since for no fault of the petitioner, the pensionary benefits were not

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// 2 //

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released for around 9 years, petitioner is eligible and entitled to get the interest for such delayed payment.

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5. Mr. A. Sikdar, learned counsel for the University placing reliance on the stand taken in the counter affidavit, contended that even though petitioner retired from his services on 31.08.2015 but the services of the petitioner from 18.08.1987 to 22.07.2002 since was integrated and recommended as qualifying service by the University vide order dated 24.06.2024 under Annexure-A to the counter affidavit, no delay can be attributed on the part of the University.

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5. 1. It is further contended that after such integration of the services vide order under Annexure-A, petitioner was released with the pension and pensionary benefits amounting to Rs.9,54,877/- on 25.06.2024. It is accordingly contended that since because of nonregularization of certain period of service as qualifying service, petitioner was paid with his pensionary benefits on 25.06.2024, after regularization of the period vide order dated 24.06.2024, no delay can be attributed on the part of the University and University is not liable to pay interest.

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6. Having heard learned counsel for the parties and considering the submissions made, this Court finds that petitioner retired from his services on attaining the age of superannuation on 31.08.2015. As found from

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Page 2 of 3

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// 3 //

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Para-2 of the counter affidavit, the period of service of the petitioner from 18.08.1987 to 22.07.2002 was integrated and recommended as qualifying service as provided under Statute-260 of Odisha Universities First Statute, 1990 only on 24.06.2024 under Annexure-A to the counter. As per the considered view of this Court, such action in treating the period from 18.08.1987 to 22.07.2002 as qualifying service, could have been done by the University basing on such Statute much prior to 24.06.2024. Since no explanation has been given in the counter affidavit for such delayed action in treating the period as qualifying service, this Court is of the view that petitioner is eligible to get the benefit of interest for such delayed payment and pensionary benefit on 25.06.2024. This Court accordingly directs the University-O.P. No.3 to pay interest @ 7% per annum on the pensionary amount released to the tune of Rs.9,54,877/- for the period from 01.09.2015 to 24.06.2024. The interest as due and admissible, be released within a period of 2 (two) months from the date of receipt of this order.

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7. The Writ Petition is accordingly disposed of.

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(Biraja Prasanna Satapathy) Judge

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Signature Not Verified

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Digitally Signed Basudev Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Nov-2024 11:56:40

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Chaitanya Kumar Tripathy v. Chancellor, Sambalpur University

Case brief

What is this about?

What did the court decide?

Chaitanya Kumar Tripathy v. Chancellor, Sambalpur University

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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