Govind Prasad (In Wria 30152 Of ... vs D.G. Council Of Scientific And ...
2023 Latest Caselaw 27619 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:65881-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 191 of 2022
 

 
Appellant :- Govind Prasad (In Wria 30152 Of 2021)
 
Respondent :- D.G. Council Of Scientific And Research And Others
 
Counsel for Appellant :- In Person,Anupras Singh,Skand Bajpai,Skand
 
Counsel for Respondent :- Dharmendra Kumar Dixit,Alok Saxena
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Shri Alok Saxena, learned counsel for the Bank has vehemently opposed the prayer made by the appellant.

2. The writ petition of a superannuated employee has been rejected on the ground of alternative remedy. The health condition of the appellant is pathetic.

3. Drawing our attention to the judgment rendered by the Apex Court in the case of D. D. Tewari (Dead) through Legal Representatives vs. Uttar Haryana Bijli Vitran Nigam Ltd. and others, reported in (2014) 8 SCC 894, wherein it has been observed by the Apex Court that the default on the part of an authority to make due payment timely has been compensated by awarding simple interest on the amount due @ 9%. Shri Anupras Singh, learned Amicus has submitted that once the Pension Payment Order was forwarded to the Bank on 28.11.2018 there is no reason as to why the interest component @ 9% per annum may not be compensated in favour of the appellant so as to settle the claim full and final.

4. Shri Alok Saxena, learned counsel representing the Bank could not dispute the legal position in the wake of the judgment cited by the learned Amicus. It is, however, pointed out that the Pension Payment Order was made available to the bank much later as is evident from the endorsement dated 12.07.2022 made on the letter dated 28.11.2018. At the foot of the same very letter, upon which 12.07.2022 is endorsed, was also addressed to the Branch Manager, SBI, Alam Bagh Branch, Code 3222, Lucknow where the pension account of the appellant was operated.

5. Thus, it cannot be assumed that the Pension Payment Order dated 20.11.2018 was not duly communicated to the bank authorities at all places.

5. Having regard to the totality of facts, we find that interest component, if released @ 9% simple interest w.e.f. 28.11.2018, would suitability compensate the cause of the appellant. Let 9% simple interest on the arrears of pension i.e. Rs.2,93,124/- upto the date of actual payment be released in favour of the appellant within a period of three months from the date of production of a certified copy of this order. Ordered.

6. The Special Appeal as well as the writ petition shall stand disposed of accordingly.

7. Shri Anupras Singh has volunteered his legal assistance free of cost and legal assistance so offered to a valuable litigant is acknowledged.

Order Date :- 9.10.2023

akhilesh/