Orissa High Court
Basanta Kumar Mohanty vs State Of Odisha & Ors on 8 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C)(OAC) No.3488 of 2017
Basanta Kumar Mohanty .... Petitioner
-versus-
State of Odisha & Ors. .... Opposite Parties
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
08.12.2022
Order No
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. L.K. Mohanty, learned counsel for the Petitioner and
Mr. D.K. Mohanty, learned Addl. Standing Counsel appearing for
the Opp. Parties.
3. Even though the writ petition was filed with various prayers, but
it is submitted that during pendency of the matter the Petitioner was
sanctioned with the final pension and gratuity, which was released
in his favour on 07.01.2021. But it is contended that even though
the Petitioner retired from his service on 30.04.1999 and the
proceeding initiated against him on 19.02.1997 was dropped vide
order dtd.05.05.2012, but the pensionary benefits and the retirement
gratuity were never released in his favour till 07.01.2021.
Accordingly, it is contended that for such admitted delay with
regard to payment of final pension and gratuity, the Petitioner is
entitled to get interest on the said amount.
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4. In support of his aforesaid submission Mr. Mohanty, learned
counsel for the Petitioner relied on a decision of this Court reported
in 2021 (III) ILR-CUT-274. This Court relying on the decision of
the Hon'ble Apex Court in Para 14 has held as follows:-
"14. Considering the factual aspect vis-à-vis the law decided
by the apex Court as well as this Court, mentioned supra, it
can be irresistibly concluded that delay in payment of arrear
salary for the period from 01.01.1996 to 08.06.1999 is
admitted and the fact, that the other similarly situated
employees have already received arrear salary in time, is also
not disputed by the opposite parties. Therefore, the opposite
parties are liable to pay interest @ 12% per annum, as
claimed in the writ petition by the petitioner, as delay is
attributable to the opposite parties, but not to the petitioner. As
such, in the meantime, the petitioner has retired from service
on attaining the superannuation. Consequentially, this Court
directs the opposite p pay the interest @ 12% per annum on
account of delay for the period 01.01.1996 to 08.06.1999
amounting to Rs.73,716/- and other consequential benefits
incidental thereto within a period of four months from the
communication of this judgment."
5. Similarly Mr. Mohanty also relied on another decision of this
Court reported in 2021 (III) ILR-CUT-60. In the said reported
decision, this Court in Para 20 has held as follows:-
"20. In view of the factual matrix and propositions of law, as
discussed above, and applying the same to the present context,
there is no iota of doubt with regard to entitlement of the
petitioner for claim of interest for delayed payment of
pensionary benefits granted to him. Therefore, this Court
unequivocally holds that the petitioner is entitled to get interest
@ 18% per annum for delayed payment of pensioanry dues,
including GPF amount admissible to him. Such amount should
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be calculated and paid to the petitioner as expeditiously as
possible, preferably within a period of four months from the
date of communication of this judgment."
6. Relying on the aforesaid decisions, Mr. Mohanty, learned
counsel for the Petitioner contended that in view of the admitted
delay in releasing the final pension and gratuity the Petitioner is
also entitled to get interest @ 18% per annum.
7. Mr. D.K. Mohanty, learned Addl. Standing Counsel on the other
hand made his submission basing on the stand taken in the counter
affidavit. It is contended that even though the proceeding initiated
against the Petitioner in the year 1997 was dropped on 05.05.2012,
but the Petitioner could not be sanctioned with the final pension and
retirement gratuity because of non-submission of the pension
papers and other relevant documents.
8. In support of the same Mr. Mohanty, learned ASC brought to the
notice of this Court the communication issued by the O.P. No. 2 on
dt.16.01.2019, wherein the Petitioner was directed to furnish certain
documents for finalization of his claim to get the final pension and
retirement gratuity. Accordingly, it is contended that since the
Petitioner did not submit the pension papers and other relevant
documents in time, the matter was delayed and no latches can be
attributed to the Opp. Parties for such delayed payment of pension
and other pensionary benefits including retirement gratuity.
9. Having heard learned counsel for the Parties and taking into
account the materials available on record, this Court finds that the
Petitioner though was superannuated from his service on
30.04.1999, the proceeding initiated against him on 19.02.1997 was
dropped vide order dtd.05.05.2012. After such disposal of the
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proceeding instead of taking action to pay the retiral benefits as due
and admissible, the same was never paid. The documents relied on
by Mr. Mohanty vide Annexure-19 to the counter is of no help as
the said letter was issued only on 16.01.2019 i.e. after 7 years of the
disposal of the proceeding. Therefore, the delay in payment of the
pensionary benefits cannot be attributed due to the latches of the
Petitioner.
10. This Court from the materials available on record finds that it is
a clear case where the Petitioner has been unnecessarily harassed
for a long period. The Petitioner though retired from service on
30.04.1999, but the final pension and retiral gratuity was only paid
on 07.01.2021 i.e. after more than 22 years and also after 9(nine)
years of the disposal of the proceeding. Hence, relying on the
decisions of this Court as cited (supra), this Court is inclined to
allow interest on such delayed payment of pension and retirement
gratuity. While holding so, this Court directs O.P. No. 2 to calculate
interest @ 6% per annum payable from the date of entitlement of
the Petitioner till it is finally paid on 07.01.2021 all through. The
amount towards interest be calculated and disbursed in favour of
the Petitioner within a period of three (3) months from the date of
receipt of this order.
11. The writ petition is disposed of with the aforesaid observation
and direction.
(Biraja Prasanna Satapathy)
Judge
Sneha
