Suresh Kumar Mahto vs Union Of India Through Its ...
2021 Latest Caselaw 1963 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        W.P. (S) No. 6300 of 2015
            Suresh Kumar Mahto.....................            Petitioner(s)
                                       Versus
            Union of India through its Secretary Ministry of
            Defence, New Delhi & Ors............                     Respondent(s)
                                       ......

Coram: Hon'ble Mr. Justice Ananda Sen Through:-Video Conferencing ......

            For the Petitioner                   : Mr. Manoj Kr. Sah, Advocate
            For the Respondents UOI              : AC to ASGI
            For the Respondent SBI               : Mr. Rajesh Kumar, Advocate
                                           ......

5/21.06.2021         Heard learned counsel for the petitioner, learned counsel for the
            respondents.

Petitioner is claiming interest on the delayed payment of his retiral benefits.

Counsel for the petitioner submits that the petitioner superannuated from service in the year 2003, but his retiral benefit has been paid in the year 2015. He submits that in view of the several judgments passed by the Hon'ble Supreme Court, especially in view of the judgment passed by the Hon'ble Supreme Court in the case of "State of Andhara Pradesh and Another-versus- Dinavahi Lakshmi Kameswari, reported in (2021) SCC online SC 237", the petitioner is entitled to receive the interest on the delayed payment.

Considering the aforesaid submission, I direct the petitioner to file a representation before the appropriate authority claiming interest on delayed payment of his retiral benefits, which will be considered by the authority after taking into consideration the aforesaid judgment and the law governing the field.

It is made clear that if the claim of the petitioner is rejected the petitioner will be at liberty to file an appropriate application before the Armed Force Tribunal, in the alternative if the authority finds that the petitioner is entitled to get some monetary benefits, the same should be paid to the petitioner.

With the aforesaid observation and direction, this writ application stands disposed of.

(Ananda Sen, J) Mukund/-cp. 2