Chattisgarh High Court
Ashok Kumar Chhajed vs State Of Chhattisgarh on 14 March, 2022
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 7092 of 2021
Ashok Kumar Chhajed S/o Late Shri Moti Lal Chhajed, Aged About
63 Years, R/o A- 302, Metro Heights, Near Airtel Office/Hotel Lal
Bagh, Ring Road No. 1, Telibandha, Raipur, Chhatisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Water Resource
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava
Raipur, Chhattisgarh
2. Special Secretary, Water Resource Department, Mantralaya,
Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh
3. Engineer-In-Chief, Water Resource Department, Shivnath Bhawan,
Sector-29, Atal Nagar, Nava Raipur, Chhattisgarh
4. Under Secretary, Water Resource Department, Mantralaya,
Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh
5. Joint Director, Treasury Accounting Pension, Raipur, Chhattisgarh
6. Superintending Engineer, Water Resources And Ground Water
Survey Circle, Water Resources Department, Sihawa Bhawan
Campus, Civil Lines, Raipur, Chhattisgarh
7. Department Of Finance, Through Finance Secretary, Atal Nagar,
Naya Raipur, Chhattisgarh
8. Research Engineer, Central Soil And Material Testing Laboratory,
Water Resources Department, Raipur, Chhattisgarh
---- Respondents
For Petitioner : Mr. Samrath Singh Marhas, Advocate
For State : Mr. Ravi Kumar Bhagat, Dy. Govt. Advocate
Hon'ble Shri Justice P. Sam Koshy
Order On Board
14.03.2022
1. The present writ petition has been filed claiming for the following
reliefs:
i) That the Hon'ble Court may kindly be pleased to
direct the respondent authorities to release forthwith
the retiral dues i.e. Gratuity, Pension and other of the
petitioner along with interest at the rate not below GPF
compounding quarterly.
ii) That the Hon'ble Court may kindly be pleased to
direct the Respondent Authorities to provide
compensation/damages to the Petitioner for
harassment caused to him due to the non-release of
his retiral dues.
Iii) That Gratuity/Pension is preciously earned and
delay in payment/non-payment has caused immense
loss and hardship to the petitioner.
iv) That the Respondent Authorities are
withholding/delaying in payment contrary to the
statutory provisions governing grant of pension and
therefore the Hon'ble court may kindly be pleased to
direct the Respondent Authority to provide
compensation and damages to the petitioner.
2. The facts of the case are that the petitioner was working under the
respondent no.3 as an Executive Engineer-cum-Research Officer.
The petitioner stood retired from service w.e.f. 31.08.2020. Though
the petitioner stood retired from service on 31.08.2020, for a period
over one year the retiral dues including that of pension were not
settled which led to the filing of the present writ petition.
3. The present writ petition was filed as early as on 21 st December,
2021. Immediately upon the notices being issued by this Court on
03.01.2022 calling upon an affidavit of the respondent no.3 in this
regard, it appears that the respondents promptly came into action and
the retiral dues were processed and paid to the petitioner on
25.01.2022.
4. Today, when the matter is taken up for hearing, learned State counsel
submits that since the entire retiral dues have been paid, the writ
petition should be disposed of as having become infructuous.
5. However, learned counsel for petitioner opposing the request of the
State counsel submits that since for no fault of the petitioner he has
been deprived of his post retiral benefits including pensionary rights,
the respondents should be ordered to pay interest on the said amount
from the date of retirement till it was actually paid.
6. It is the categorical statement by the counsel for petitioner that on the
date of retirement there was neither any departmental inquiry pending
against the petitioner nor was he facing any criminal case. There
was also no recovery proceeding pending against the petitioner on
the date of retirement. He submits that under the circumstances the
respondents ought to have promptly processed the case of petitioner
for post retiral benefits on priority basis and should have released it
immediately on his retirement which the petitioner ultimately has been
paid after a period of around 1 ½ years i.e. on 25.01.2022. Thus, the
petitioner should be suitably compensated by way of interest on the
delayed payment of retiral dues. Learned counsel for petitioner relied
upon a recent judgment of the Hon'ble Supreme Court in the case of
Dr. A. Selvaraj Vs. C. B. M. College and others, 2022 SCC online
263 decided on 4th of March, 2022.
7. Having heard the contentions put forth on either side and on perusal
of records, as regards the granting of interest on the delayed payment
of retiral dues, the Hon'ble Supreme Court in one of its judgments in
the case of D. D. Tiwari Vs. Uttar Haryana Bijli Vitran Nigam Ltd. &
others, [2014 (8) SCC 894] relying upon an earlier decision of the
Supreme Court in the case of State of Kerala Vs. M. Padmanabhan
Nair [1995 (1) SCC 429] took a stand that pension, gratuity and other
retiral dues payable to an employee are not a bounty to be distributed
by the Government to its employee on retirement but are valuable
rights and property in its hand. The Supreme Court was of the view
that any culpable delay in settlement or disbursement thereof must be
compensated with the penalty of payment of interest. It was also the
stand of the Hon'ble supreme Court in the said judgment that denial of
interest in such circumstances would amount to miscarriage of justice.
8. The same view has further been reiterated by the Hon'ble Supreme
Court in the case of State of Uttar Pradesh & Ors. Vs. Dhirendra Pal
Singh [2017 (1) SCC 49] wherein again it has been held by the
Supreme Court that any delay in payment of retiral dues and
pensionary benefits by the employer would carry interest.
9. The aforesaid view of the Hon'ble Supreme Court stands further
fortified by the recent decision which has been relied upon by the
petitioner in the case of Dr. A. Selvaraj (supra) wherein again in
paragraphs 7 & 8 the Supreme Court has held as under:
"7. Having heard learned counsel for the
respective parties, we are of the opinion that as
there was a delay in making the payment of
retirement benefits and settling the dues for which
the appellant employee is not at all responsible,
he is entitled to the interest on the delayed
payment. Even the Division Bench of the High
Court has also observed in the impugned
judgment and order that the appellant is entitled to
the interest on the delayed payment. However,
there is an inter se dispute between the
Secretary, Management and the Government as
to who is responsible for the delay in making the
payment to the appellant and therefore, he has
been denied the interest on delayed payment
though entitled to. It is to be noted that as such
pursuant to the interim order dated 09.08.2021,
the Government did conduct an enquiry and
fastened the liability on the college and observed
that the former Secretary, Shri C.M. Ramaraj was
responsible for the delay in disbursal of the
terminal benefits to the original writ petitioner. In
that view of the matter, subject to the further final
order that may be passed by the Government, the
College/Management is first liable to pay the
interest on the delayed payment of retirement
dues subject to the final decision, which may be
taken by the Government, after hearing the
Management and the former Secretary. However,
because of the inter se dispute between the
Management, Secretary and the Government on
who is responsible for the delay in making the
payment and/or settling the dues, the retired
employee should not be made to suffer for no
fault of his.
8. In view of the above discussion and for the
reasons stated above, present Appeal Succeeds.
The impugned judgment and order passed by the
Division Bench of the High Court and that of the
learned Single Judge denying the interest on
delayed payment of retirement benefits to the
appellant is hereby quashed and set aside. The
Management / Trustees / College are hereby
directed to pay the interest on the delayed
payment of retirement benefits to the Appellant,
from the date of retirement till the actual payment
was made, subject to the final decision that may
be taken by the Government on the objections to
the enquiry report that may be filed by the former
Secretary and/or the College and it will be open
for the College / Management / Trustees to
recover the same from the person, who, ultimately
is held to be responsible for the delay. The
payment of interest on delayed payment of
retirement benefits to be paid strictly within a
period of six weeks from today. In the meantime,
the Government to pass a final order on the
enquiry report after giving an opportunity to the
College / Management / former Secretary. It goes
without saying that it would be open to the
aggrieved party to challenge the said decision
before the appropriate forum."
10. The view of the Supreme Court in the aforesaid judgment again
is on the ground that unless the employee is held responsible for the
delay, he should not be made to suffer for the delayed payment for no
fault of his.
11. This Court also under similar set of facts in recent past in WPS
3369/2014 decided on 27.04.2018 in the case of Mrs. Kiranrani
Bachan Vs. State of CG & others relying upon the aforesaid decisions
of the Hon'ble Supreme Court ordered for payment of interest for the
delayed period. A similar view was also taken by this Court in yet
another similar matter i.e. WPS 6261/2016 decided on
27.02.2017(Ratiyo Bai Vs. State of CG & ohters).
12. Considering the aforesaid facts and circumstances of the case
and also the authoritative decisions that have been rendered by the
Hon'ble Supreme Court so also by this Court in the factual backdrop
of the present case prima facie this Court is of the opinion that since
the petitioner herein is not responsible for the delayed payment of the
retiral dues and the fact that he is not to be blamed for the delay
caused on the part of the respondents, the petitioner would be entitled
for interest on the delayed payment.
13. Accordingly, the entire retiral dues paid to the petitioner on
25.01.2022 shall carry interest @ 6% per annum from the date of
retirement till 25.01.2022. The respondents are directed to
immediately quantify the interest part and the same be paid to the
petitioner within a period of 90 days from the date of receipt of copy of
this order.
14. The writ petition accordingly stands partly allowed to that
extent.
Sd/-
(P. Sam Koshy)
Khatai Judge
