Shri Chhammi Lal vs Municipal Corporation Of Delhi
2001 Latest Caselaw 143 Del

ORDER

Dr. Mukundakam Sharma, J.

1. The present writ petition is filed by the petitioner praying for issuance of an order releasing his alleged arrears of pension amounting to Rs.17,790.20 for the period from 1.9.1982 to 21.1.1985. The petitioner worked with the respondent Corporation as an Overseer (Junior Engineer). He reached his age of superannuation on 31.8.1982. The petitioner claims that he was allowed to continue in employment by the respondent Corporation till 25.1.1985 and therefore, he is entitled to be paid pension for the period between 1.9.1982 to 21.1.1985 which is not paid. It is disclosed from the records that was registered as C.W.P.No.1356/1087 recording the undertaking of the respondents that they wold calculate the amount of pension, gratuity and provident fund that was due to the petitioner in accordance with the Rule and also undertook to make the payment. The petitioner, thereafter filed a contempt petition in this court alleging non-compliance of the aforesaid undertaking which was registered as C.C.P. 226/1989. On 13.7.1992 this court disposed of the said contempt petition observing that one of the chief points raised on behalf of the petitioner was that although the petitioner would have retired on 31.8.1982 on attaining the age of superannuation but he was allowed to continue till 25.1.1985 and therefore, the pension, gratuity and provident fund had to be calculated not when the petitioner was to retire on 31.8.1082 but when he factually retired on 25.1.1985. The said contempt petition was disposed of directing the petitioner to file an Execution Petition for compliance of the order dated 23.9.1987. Accordingly, the petitioner filed a C.M.NO.72224/1994 in the aforesaid writ petition claiming for payment of the aforesaid amount in which MCD filed a reply giving details of payment made to the petitioner subsequent to the judgment delivered by the Division Bench of this court on 23.9.1987. It was stated in Annexure A-1 thereto that payment of pension w.e.f. 1.9.1982 to 25.1.1985 of an amount of Rs.17,790.20 has been paid directly into petitioner's bank account. Taking notice of the said fact the aforesaid application namely - 7224/1997 was disposed of by this court.

2. Being aggrieved by the aforesaid order the petitioner filed a Special Leave Petition before the Supreme Curt and the Supreme Court by order dated 26.2.1999 disposed of the Special Leave Petition permitting the petitioner to approach the High Court with regard to his contention that the said amount has not been paid into his bank account in Punjab Nation Bank. Pursuant thereto the present writ petition has been filed in this court seeking for the aforesaid relief.

3. In reply to the contentions raised in the writ petition a counter affidavit is filed by the respondent Corporation contending inter alia that on account of a bonafide mistake that occurred on the basis of confusion in the official nothings existing in the official record of the petitioner it came to be erroneously mentioned in the respondent's reply to C.M. 7224/1992 that Rs.17,790.20 had been paid directly into the bank account of the petitioner. It was also stated that the said error int he reply was unintentional and was on account of bonafide human mistake and immediately on Realizing the said mistake necessary rectification was made by depositing the said amount of Rs.17,790/- in the petitioner's bank account on 4.12.1999.

4. In the light of the aforesaid statements made in the counter affidavit filed in the present writ petition it is established that the amount claimed by the petitioner in the writ petition stands paid by the respondent directly into the bank account of the petitioner on 4.12.1999. Therefore, the present writ petition survives only to the extent of the claim of the petitioner now raised that he should be paid interest on the aforesaid amount for the delayed payment. The aforesaid contention of the petitioner was vehemently opposed by Mr. Raman Duggal, appearing on behalf of the respondent contending inter alia that even the aforesaid claim of Rs.17,790/- if strictly construed would have been barred by limitation and the said amount cannot be calimed now by the petitioner as matter of right and therefore, no interest is payable. It was submitted that the petitioner has no enforceable right and therefore, no interference is called for under Article 226 of the Constitution of India.

5. I have given my anxious consideration to the submissions of the learned counsel appearing for the parietes. The application filed by the petitioner which was registered as C.M. 7224/1992 was disposed of by the Division Bench of this court solely relying on the statement made by the respondents that the foresaid amount of Rs.17,790/- stands deposited directly into the bank account of the petitioner. The said statement admittedly was an incorrect statement. The petitioner had to approach even the Supreme Court for obtaining liberty to move this court through the present writ petition and only when the present writ petition is filed the respondents have come out with the true version that the said amount of Rs.17,790.20 was not paid by the respondent into the bank account of the petitioner as stated in C.M. No.7224/1992. The said error is stated to be an unintentional mistake on account of bonafide human mistake. The petitioner has therefore, been forced to run from pillar to post for getting payment of the aforesaid amount of Rs.17,790/-. The petitioner cannot be made to suffer because of error on the part of the respondents. Because of the aforesaid error on the part of the respondents there was considerable delay in making payment of the pension for the period from 1.9.1982 to 25.1.1985 and therefore, it would not be unreasonable to direct that on the aforesaid amount there shall be a liability to pay interest @ 12% per annum till the date of payment which in my considered opinion would be a reasonable rate of interest, the period being of 1982 to 1985. It also transpires from the record that the other pension arrears were paid on 14.8.1990 when pension areas w.e.f. 26.1.1985 to 31.7.1989 was paid and no interest was paid on that amount which was accepted and no grievance was raised. In this connection reference may be made to page 19 of the Paper Book. Therefore, the respondents shall be liable to pay interest at the aforesaid rate from 14.8.1990 till 4.12.1999 on the amount of Rs.17,790/-.

6. In terms of the aforesaid order the writ petition stands allowed to the aforesaid extent with a direction to the respondents to pay interest @ 12% per annum from 14.8.1982 till the date of payment i.e. 4.12.1999. There shall be no order as to costs.