Urmila Devi vs State Of Jharkhand
2023 Latest Caselaw 87 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        W.P(S) No. 6011 of 2019
                                               ------

                 Urmila Devi                                               .... .... Petitioner(s).
                                               Versus
                   1. State of Jharkhand
                   2. Deputy Commissioner, Hazaribagh,

3. Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Hazaribag

4. District Engineer, Zila Parishad, Hazaribagh .... .... Respondent(s)

------

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

------

For the Petitioner(s) : Mr. Prabhas Chandra Jha, Advocate For the Respondents : Mr. Shrestha Mehta, AC to Sr. SC-I 4/4.01.2023 Heard the petitioner. No one appeared on behalf of the Zila Parishad, Hazaribagh.

2. The petitioner in this writ application claims interest on the delayed payment of gratuity and leave encashment. Admittedly, the husband of the petitioner was an employee of the respondents Zila Parishad, who superannuated on 31.01.1997 and expired in the year 2014. After his superannuation as he was not paid his admitted retiral benefits he approached this Court by filing writ application being CWJC No. 2618 of 2000. The same was disposed of on 8.2.2001 whereby a direction was given to pay retiral benefits within one month failing which the authorities would be liable to pay penal interest @8% on the retiral benefits. Admittedly, the retiral benefits were paid to this petitioner after the death of her husband. She received the same in the year 2018. It is the case of the petitioner that interest on the aforesaid amount has not been paid.

3. Considering the submission and view of the judgment passed by this Hon'ble Court in the earlier round of litigation being CWJC No. 2618 of 2000 wherein it has been held that 8% interest has to be granted if payment is not made within one month, I direct the respondent no.4 to pay interest on the amount of gratuity and leave encashment @ 8 % per annum in terms of the earlier order passed in CWJC No. 2618 of 2000. The said payment should be disbursed to the petitioner within a period of four months from the date of receipt of copy of this order.

4. Accordingly, the instant writ application stands disposed of.

(ANANDA SEN , J) anjali/cp2