Jharkhand High Court
Bijay Kumar Sinha vs The State Of Jharkhand on 7 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 504 of 2019
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Bijay Kumar Sinha ... Petitioner
-versus-
1. The State of Jharkhand
2. The Additional Chief Secretary, Department of Planning & Finance, Govt. of
Jharkhand, Project Building, Dhurwa, Ranchi.
3. The Additional Chief Secretary, Department of Forest, Environment &
Climate Change, Nepal House, Doranda, Ranchi.
4. The Principal Chief Conservator of Forest (Head of Forest Force),
Government of Jharkhand, Van Bhawan, Doranda, Ranchi.
5. The Divisional Forest Officer, Simdega Forest Division, Simdega.
6. The Accountant General (A&E), Jharkhand, Doranda, Ranchi.
... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
THROUGH VIDEO CONFERENCING
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For the Petitioner : Mr. Deepak Kumar Dubey, Advocate
For the Respondents : Mr. Prakash Chandra Roy, S.C. (L&C) I
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7/ 07.07.2021 Heard the learned counsel appearing for the petitioner and
learned counsel appearing for the respondents through Video Conferencing.
The lawyers have no objection with regard to the proceeding, which has been
held through Video Conferencing today at 11.00 a.m. They have no complain
in respect to the audio and video clarity and quality.
2. When the matter was called, counsel appearing for the
respondents submits that the entire retirement benefits of the petitioner have
now been paid. Mr. Deepak Kumar Dubey, counsel appearing for the petitioner
admits that the entire retirement benefits have been paid, but, he submits that
the same has been paid at a belated stage, thus, the petitioner is entitled to
receive interest. He submits that the petitioner superannuated on 31.01.2014,
but, the gratuity amount has been disbursed only on 10.05.2019; amount
towards arrears of pension has been paid on 18.02.2020; encashment of
unutilized leave was disbursed on 30.05.2019; amount towards arrears on
account of grant of first A.C.P. was paid on 27.03.2019; and amount towards
arrears on account of second A.C.P. was paid on 03.05.2019. He submits that,
thus, there was a delay of 5 to 7 years in disbursement of the amounts under
different heads of retirement benefits. He submits that, therefore, the petitioner
is entitled to receive interest on the said amounts. He submits that in terms of
the order passed by this Court in W.P.(S) No. 4029 of 2016 and in view of the
judgment of the Hon'ble Supreme Court in the case of Vijay L. Mehrotra
versus State of U.P. & Others reported in (2001) 9 SCC 687, petitioners are
entitled to receive interest on the delayed payments.
3. Mr. Prakash Chandra Roy, counsel appearing for the
respondents-State submits that admittedly, when the amount has been paid,
State cannot be saddled with liability of paying interest.
4. From the admitted submissions of the parties, it is clear that the
petitioner superannuated from service with effect from 31.01.2014. The
following payments were made to the petitioner under different heads of
retirement benefits: -
Sl. Description Bill No. Date Amount
No.
1 GPF 84/14-15 17.12.2014 5,92,943.00
2 GIS 83/14-15 17.12.2014 1,60,461.00
3 Arrears due to grant of 107/18-19 27.03.2019 1,62,629.00
1st A.C.P.
4 Arrears due to grant of 3/19-20 03.05.2019 5,16,957.00
2nd A.C.P.
5 Encashment of unutilized 10/19-20 30.05.2019 5,07,000.00
earned leave
6 Gratuity GPO No.121995307 11.11.2019 7,47,825.00
7 Arrears of pension 18.02.2020
5. From the aforesaid chart, I find that there was no delay in respect
of payment of GPF and GIS, but, so far as other amounts are concerned,
those have been disbursed after a considerable period of time.
6. Considering the order passed by this Court in W.P.(S) No. 4029 of
2016 and in view of the judgment of the Hon'ble Supreme Court in the case of
Vijay L. Mehrotra versus State of U.P. & Others reported in (2001) 9 SCC
687 I direct the respondents to pay interest at the rate of 8% per annum from
01.01.2015 till the date of actual payment of the amount in respect of the dues
mentioned at Sl. Nos.3 to 7 of the aforesaid chart. It is made clear that the
payment of interest should be made within two months from the date of receipt
of a copy of this order along with demand made by the petitioner before the
respondent No.4.
7. With the aforesaid observation, this writ petition stands disposed
of.
(Ananda Sen, J.)
Kumar/Cp-02
