This DB special appeal against an order directing the department to pay 9% interest on delayed family pension was dismissed as devoid of merit due to the appellant's failure to demonstrate non-delivery of pension.
The application under Section 5 of the Limitation Act to entertain the appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 813/2018
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. AS Khangarot, Addl. GC For Respondent(s) :
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI
Judgment
10/07/2018
Heard on the application under Section 5 of the Limitation Act so as the appeal.
The perusal of the order passed by the learned Single Judge shows nothing but a direction to pay interest at the rate of 9% per annum for the delayed payment of Family Pension. The interest would obviously be paid by the Department delayed payment of pension and otherwise learned Single Judge has even issued direction to the Secretary of the Department to examine
(2 of 2)
[SAW-813/2018]
the liability of the concerned Officer from whom the interest can be recovered.
Taking into consideration the aforesaid, we do not find any merit in the appeal so as to entertain it even on because the appellant has not come out with the fact that there was no delay in making the payment of Family Pension though they are shifting burden for it on the Pension Department but, for that reason, we do not find any ground to entertain the appeal. Accordingly, the application under Section 5 of the Limitation Act so as the appeal is dismissed.
(DINESH CHANDRA SOMANI),J
(M.N. BHANDARI),J
Sunita/40
1 issue framed by the court
Whether the appeal filed under Section 5 of the Limitation Act to challenge a direction to pay interest on delayed family pension deserves to be entertained.
1 provisions across 1 enactments
Executive Engineer, Public Works Department
Assistant Engineer, Public Works Department
Urmila Bai, Wife Of Late Ramesh Chand Jain
District Collector, Bundi
Munishwar Nath Bhandari
Dinesh Chandra Somani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
