Petitioner sought interest on delayed pension for his father. Court found no delay as payment occurred immediately upon succession certificate, and no prior order directed interest award. Writ petition dismissed.
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S.B. CIVIL WRIT PETITION NO.173/2005 (Gulam Rasool Vs. The State of Rajasthan & Anr.)
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO.173/2005
(Gulam Rasool Vs. The State of Rajasthan & Anr.)
Date of Order : 03rd January, 2014
HON'BLE MR. JUSTICE M.N. BHANDARI
None present for the petitioner/s.
BY THE COURT:
This writ petition has been filed to claim interest on delayed payment of retiral benefits. If the facts of this case are looked into, petitioner's father filed a writ petition to get retiral benefits. The writ petition was decided on 12.07.2001 with the direction to consider the case as per Rule 212 of RSR. The respondents preferred an appeal, which was then decided by the Division Bench vide its judgment dated 05.12.2001. The order of learned Single Judge was modified to same extent. The order of Division Bench was not complied by the respondent/s, thus a contempt petition was filed.
During the pendecy of contempt petition, favourable order was passed, though prior to it, petitioner's father died. The legal heirs of the petitioner were not extended benefit of retiral benefits, thus miscellaneous application was moved and simultaneously a succession certificate was also obtained. The petition was disposed of with liberty to agitate the issue by taking proper proceedings, thus present writ petition was filed.
I find that payment was made in favour of petitioner immediately on obtaining succession certificate. It was other than gratuity as it was not specified in the succession certificate. In view of the facts given above and as none is there to press the
S.B. CIVIL WRIT PETITION NO.173/2005 (Gulam Rasool Vs. The State of Rajasthan & Anr.)
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writ petition, I find no delay in extending retiral benefits to the petitioner, moreso when, contempt petition was dismissed with an observation that no direction has been given by the Division Bench to pay interest on the arrear of pension and other retiral benefits. In absence of such direction and keeping in mind the payment immediately on obtaining succession certificate, I do not find it to be a case of delayed payment so as to award interest.
With the aforesaid, the writ petition is dismissed.
(M.N. BHANDARI), J.
S/No.4 Preety, Jr.P.A.
All cor r ect ion s m ade in t h e j u d gm en t / or d er h av e been in cor por at ed in t h e j u dgm en t / or der bein g em ailed.
Pr eet y Asop a Jr .P.A.
2 issues framed by the court
Whether interest is payable on delayed retirement benefits when payment was made immediately upon obtaining succession certificate without a prior direction to pay interest.
Whether the failure to comply with a previous order amounting to delayed payment justifies the award of interest in the absence of specific instructions.
Gulam Rasool
The State of Rajasthan
M.N. Bhandari
As recorded by the court registry
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