The District Collector, v. B.Buchaiah
Case brief
What is this about?
In this writ petition, the State challenged an Administrative Tribunal order awarding interest on delayed pension payments from November 2012. The High Court modified the Tribunal's findings, holding that interest should only run from February 2013 when pension papers were submitted, requiring the State to remit the revised interest within four weeks. The Tribunal's view of extended bureaucratic d
What did the court decide?
Modified interest start date to February 1, 2013, from November 1, 2012; directed State to remit computed interest within four weeks.
What the court decided
THE HON’BLE SRI JUSTICE SANJAY KUMAR AND THE HON’BLE SRI JUSTICE M. SEETHARAMA MURTI
WRIT PETITION No.23427 of 2016
ORDER: (per Hon’ble Sri Justice Sanjay Kumar)
The State preferred this writ petition aggrieved by the order dated 03.08.2015 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.9350 of 2013, which was filed by the first respondent herein seeking a declaration that he was entitled to interest
@ 18% per annum on the delayed payment of Rs.19,47,123/- towards his pensionary benefits and for additional compensation.
By the order under challenge, the Tribunal directed payment of interest @ 9% per annum to the first respondent on the late payment of his retirement benefits with effect from 01.11.2012.
It is an admitted fact that the first respondent retired from service on 31.07.2012. The disciplinary proceedings initiated against him were quashed in June, 2012, when O.A.No.1556 of 2012 filed by him was allowed by the Tribunal setting aside the charge memo dated 21.12.2000. This order was passed on 18.06.2012 and attained finality. The first respondent however seems to have submitted his pension papers only in January, 2013. Thereupon, the pensionary benefits were released to him only in November, 2013.
The Tribunal seems to have been of the opinion that as the period of three months from the date of retirement of the first respondent concluded in November, 2012, he was entitled to interest from the said date. However, perusal of the original application filed by the first respondent in O.A.No.9350 of 2013 reflects that he himself sought interest on the delayed payment from January, 2013. Learned Government Pleader for Services would also point out that the pension papers were submitted on 24.01.2013 and therefore, interest payable to the first respondent, if at all, could only be with effect from February, 2013.
Issues for consideration
3 issues framed by the court
Whether the Administrative Tribunal erred in granting interest on delayed pension payment from a date prior to the admission of pension papers by the retiree.
Whether the State can cite bureaucratic delays in processing pension papers to delay the start of interest entitlement.
What should be the effective date for calculating delayed interest on the first respondent's pension payments.
Parties & counsel
- appellant
The State
- respondent
First Respondent
Coram
SANJAY KUMAR
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · July
- Registered
- Case no.
- WP/23427/2016
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