Ramdhan Jain vs Director Of Education & Anr.
2013 Latest Caselaw 3705 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No. 9177/2009

%                                                         22nd August , 2013

RAMDHAN JAIN                                        ..... Petitioner
                          Through:       Mr. Rahul Chaudhary, Advocate.

                          versus

DIRECTOR OF EDUCATION & ANR.                 ..... Respondents
                  Through: Mr. Alok Gupta, Advocate for
                           respondent Nos.1 and 2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.           By this writ petition, the petitioner who was an employee of the

Hira Lal Jain Senior Secondary School, seeks the reliefs of payment of

pension, gratuity and interest for delay in payment of the said amounts.

2.           Counsel for the petitioner does not dispute that petitioner has

received the pension and gratuity and the petitioner is now only seeking

interest from the years 1986 to 1994 on account of delay in payment of

terminal benefits of pension and gratuity.

3.           The respondent Nos.1 and 2 in their counter affidavit have

stated that petitioner was compulsorily retired. The writ petition shows that
W.P.(C) No.9177/2009                                               Page 1 of 2
 petitioner challenged the order of compulsory retirement before the Delhi

School Tribunal (DST), but that appeal was dismissed in the year 1990.

Petitioner challenged the order of the DST before this Court in a writ

petition and the same was also dismissed in limine in the year 1992.

Petitioner thereafter signed the requisite papers for release of the terminal

benefits on 25.4.1994, and therefore pension etc was released and interest

was also paid from 1.9.1994.

4.            In my opinion therefore, no fault can be found of the

respondents to fasten them with the liability of interest because payment of

amounts can be made towards pension and gratuity only on the retired

employee signing the necessary papers. Once the papers were signed, the

employee-petitioner was paid the amounts of pension and gratuity.

5.            In view of the above, no relief for payment of interest on

account of alleged delay in payment of the amounts can be granted to the

petitioner.

6.            The writ petition is therefore dismissed to the extent of claim of

interest recording that other reliefs of pension and gratuity have already been

released to the petitioner.



AUGUST 22, 2013                                VALMIKI J. MEHTA, J.

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