A petitioner whose retiral dues had been paid sought interest for the delay in their release. Relying on Supreme Court precedents holding pensionary benefits are valuable property rights, the court directed payment of interest at 12.5% on the delayed retiral dues and disposed of the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7442 of 2021
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Savitri Sharma Wife of Late Dewaki Nandan Sharma, Resident of MohallaRajtek Laxhampur, P.S.- Laheriasarai, District- Darbhanga
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Pratap Sharma, Advocate For the Respondent/s : Mr.Anuj Kumar, AC to GP 24 For the AG : Mr.Rm Kinkar Choubey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
Heard Mr. Pratap Sharma- learned counsel appearing
on behalf of the petitioner, Mr. Anuj Kumar- learned AC to GP 24 and Mr. Ram Kinkar Choubey-learned counsel appearing on behalf of the Accountant General (AG).
Patna High Court CWJC No.7442 of 2021(6) dt.01-05-2023 2/2
(1985) 1 SCC 429 and D.D. Tewari Vs. Uttam Haryana Bijli reported in (2014) 8SCC 894 has laid down that when the employer delays the release of pensionary benefits, the petitioner must be paid interest on account of the delay. The law is well settled that the pension and other retirement benefit is not a bounty but are valuable rights of property.
(Purnendu Singh, J)
chn/- U
1 issue framed by the court
Whether interest is payable on delayed payment of retiral dues to a retired employee.
Colour shows how this judgement treated each authority
State of Kerala Vs. M. Padmanabhan NairRelied on
(1985) 1 SCC 429 · Who else cites this
D.D. Tewari Vs. Uttam Haryana BijliRelied on
(2014) 8 SCC 894 · Who else cites this
Savitri Sharma Wife of Late Dewaki Nandan Sharma
The State of Bihar through Principal Secretary, Finance Department
Principal Secretary, Education Department
Incharge Officer, Finance (Personal Claim Determination Cell)
District Education Officer, Darbhanga
Treasury Officer, Darbhanga
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
