Petitioner challenged delayed payment of gratuity after voluntary retirement. Court held gratuity had been paid. Rejected claim for penal interest on delayed post-retiral benefits. Writ application dismissed.
Petitioner not entitled to penal interest on payment of amount under the head of gratuity.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12697 of 2017
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Kameshwar Prasad Singh, son of late Suraj Singh, resident of Maurya Bhawan, Gandhi Nagar Near I.T. Office, Police Station- Town, DistrictRohtas.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s For the Accountant General
: Mr.Ajay Kumar, Advocate : Mr.Binod Kumar Labh, Advocate Standing counsel, IA & AD
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 17-05-2019
The application of the petitioner for voluntary retirement due to prolong ailment was allowed w.e.f. 31.07.2016 by the order contained in Annexure-1 to the writ application.
It is the case of the petitioner that in spite of no dues certificate having been granted by the department, petitioner having retired on 31.07.2016 and his pension papers having been forwarded on 12.08.2016, he was paid the amount under
Patna High Court CWJC No.12697 of 2017(2) dt.17-05-2019 2/3
the head of leave encashment after much delay only on 04.07.2017 and the amount under the head of gratuity even later on 04.10.2017. In view of the payment of the amount under the head of gratuity on 04.10.2017, the petitioner submits that only remaining prayer in the writ application is for payment of interest on the delayed payment.
As per the counter affidavit filed on behalf of respondent nos. 2 to 6, it transpires that after the petitioner’s case for voluntarily retirement was allowed w.e.f. 31.07.2016, the pension papers were sent to the office of Accountant General on 04.10.2016 for the purpose of settlement of retiral dues as well as for grant of pension. The petitioner was granted authorization from the office of the Accountant General for provisional pension on 25.10.2016 and thereafter, final pension on 23.03.2017. Further authorization for gratuity was granted on 26.05.2017 and after following the necessary procedures, the amount under the head of gratuity was paid to the petitioner.
Having heard learned counsel for the parties and having gone through the record of the writ application, it transpires that so far as first prayer is concerned with respect to payment of gratuity, admittedly, the same has already been paid to the petitioner on 04.10.2017. So far as payment of interest on
Patna High Court CWJC No.12697 of 2017(2) dt.17-05-2019 3/3
the same is concerned, from the facts and submissions this Court is not convinced that the petitioner has made out any case for grant of penal interest for delayed payment on his post retiral benefits. As such, it is held that the petitioner is not entitled for penal interest on payment of amount under the head of gratuity.
The writ application stands dismissed with the
aforesaid observations.
(Partha Sarthy, J)
sudha/-sunil
U
2 issues framed by the court
Whether the petitioner is entitled to penal interest for delayed payment of gratuity and retirement benefits after voluntary retirement?
Whether the department failed to provide a no dues certificate promptly upon granting voluntary retirement?
Kameshwar Prasad Singh
State of Bihar through the Chief Secretary, Department of Health, Government of Bihar
Chief Secretary, Government of Bihar
Principal Secretary, Excise, Prohibition and Registration Department, Government of Bihar
Principal Secretary, Finance Department, Government of Bihar
Accountant General, Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
