Allahabad High Court
Smt Tanuja vs State Of Up And 3 Others on 15 May, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:87512
Court No. - 35
Case :- WRIT - A No. - 6269 of 2024
Petitioner :- Smt Tanuja
Respondent :- State Of Up And 3 Others
Counsel for Petitioner :- Avanish Tripathi,Dheeraj Kumar Yadav
Counsel for Respondent :- C.S.C.,Mohammad Khalid
Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 to 3 and Mohammad Khalid, learned counsel for the respondent no.4.
2. It is argued by counsel for the respondents that entire payment has been made to the petitioner hence present writ petition has become infructuous.
3. In response to the same, it is argued by counsel for the petitioner that though the petitioner became entitled for the aforesaid payments immediately after the death of husband of the petitioner on 07.03.2017 but wholly illegally payments were made after more than seven years hence petitioner is also entitled for the interest on the delay payment. In support of his contention, learned counsel for the petitioner placed reliance upon the judgment and order of this Court dated 17.09.2014 passed in Writ A No. 49140 of 2014 (Kapuri Devi Vs. State of U.P. And 3 Ors). Relevant paragraphs of the said judgment are being quoted hereinbelow:
"In Shripati Tripathi versus State of U.P & others 2010(10) ADJ 331 (DB), the Division Bench after considering the judgments rendered by the Supreme Court regarding payment of interest on delayed payment of retiral dues, observed as follows:
18. The principles, which can be culled out from the aforesaid judgments are that where State employer is not able to justify delay in payment of arrears of salary; settlement of retiral dues or terminal benefits, and it is found by the Court that the delay is wholly attributable to the State employer, the interest on such arrears of pay, pension and other retiral dues payable under the statutory rules, or even if they are not covered by statutory rules, must be paid to such employee. The reasonable period has been fixed by the Supreme Court of two months. If all the required documents duly completed have been submitted and that the State has delayed the amount of arrears of retiral dues or terminal benefits, the State employer is liable to pay interest on such delay, ordinarily at the rate of 12% simple interest per annum, unless the interest is quantified by the statutory rules. This interest paid is as penalty not only for mitigating the hardships sufferred in depriving the employee of his right to receive the amount due to him within reasonable period of time and also on the right to life, guaranteed under Art.21 of the Constitution of India.
19. We may add here that after serving the qualifying period of service, the employee does not ordinarily have any other means of livelihood, when he needs them most, other than his dues. It is extremely unjust and harsh to allow a retired employee to wait to receive the dues, and to depend upon his friends, relatives and children. The right to receive retiral dues/ terminal dues is closely linked to his right of self-respect, and human dignity, which is included in right to life guaranteed by Art.21 of the Constitution of India."
In a recent judgment rendered by Hon'ble Supreme Court in D.D.Tewari (D) Thr.Lrs. versus Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. (Civil Appeal No.7113) of 2014 decided on 1.8.2014, the appellant therein was not awarded interest on the delayed payment of pension and gratuity amount, for which he was legally entitled to, the appellant approached the Court for grant of interest on the delayed payment on the retiral benefits. The Supreme Court made the following observation in paragraphs 4 & 6:
"4. It is an undisputed fact that the appellant retired from service on attaining the age of superannuation on 31.10.2006 and the order of the learned single Judge after adverting to the relevant facts and the legal position has given a direction to the employer-respondent to pay the erroneously withheld pensionary benefits and the gratuity amount to the legal representatives of the deceased employee without awarding interest for which the appellant is legally entitled, therefore, this Court has to exercise its appellate jurisdiction as there is a miscarriage of justice in denying the interest to be paid or payable by the employer from the date of the entitlement of the deceased employee till the date of payment as per the aforesaid legal principle laid down by this Court in the judgement referred to supra. We have to award interest at the rate of 9% per annum both on the amount of pension due and the gratuity amount which are to be paid by the respondent.
6. For the reasons stated above, we award interest at the rate of 9% on the delayed payment of pension and gratuity amount from the date of entitlement till the date of the actual payment. If this amount is not paid within six weeks from the date of receipt of a copy of this order, the same shall carry interest at the rate of 18% per annum from the date of amount falls due to the deceased employee. With the above directions, this appeal is allowed."
In the facts and circumstances of the case, the respondents admit that the petitioner is entitled to family pension since 01/4/2010 and it has been withheld for no fault of the petitioner, as such, the writ petition succeeds, the respondents are directed to release the family pension and arrears of pension, along with interest @ 9% on the delayed payment of pension from the date of entitlement till the date of actual payment. If the amount is not paid within 2 months from the date of receipt of this order, the same shall carry interest @ 18% per annum from the date the amount falls due.
Writ petition is allowed.
No order as to cost."
4. From perusal, it is apparently clear that husband of petitioner died during his service on 07.03.2017 and terminal dues have been paid to petitioner, therefore, in light of judgment of this Court in Kapuri Devi(Supra), petitioner is also entitled for the interest on the delayed payment of terminal dues.
5. Under such facts and circumstances of the case, writ petition is disposed of with direction to respondent No. 4 to pay the interest @ 7 per cent on the delayed payment of terminal dues from the due date to the date of of actual payment maximum within a period of two months from the production of certified copy of this order.
6. In case, payment is not made to petitioner within the time given by this Court, the same shall carry interest @ 14 per cent per annum from the date the amount falls due.
Order Date :- 15.5.2024
Pramod Tripathi
