Sandhyarani Sahoo vs State Of Odisha & Others
2023 Latest Caselaw 9762 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.26213 of 2023

                 Sandhyarani Sahoo                     ....             Petitioner
                                                            Mr. N. Rath, Advocate
                                            -versus-
                 State of Odisha & others              ....      Opposite Parties
                                                             Mr. A.P. Dash, A.S.C.

                                          CORAM:

                            JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 22.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel appearing for the petitioner as well as learned Addl. Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ application has been filed by the Petitioners with the following prayer:-

"It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder be not allowed, Upon showing insufficient cause/ no cause make the said Rule absolute, Issue writ/writs in the nature of-

Mandamus directing the opp. Parties to grant and pay penal interest on the delayed payment of retirement benefits @ 12% per annum.

And/or may pass such other writ/ writs, order/ ordrs, direction/ directions as this Hon'ble Court may think fit and proper for the ends of justice."

4. It is submitted by learned counsel for the Petitioner that the Petitioner was initially appointed as Health Worker(Female) on // 2 //

13.05.1986. While working as such the Petitioner has retired from service on attaining the age of superannuation with effect from 30.04.2019. On retirement the Petitioner is entitled to her retiral dues as well as pensionary benefits. Since the same was not paid within time the Petitioner has compelled to approach the Pension Adalat and accordingly, the Pension Adalat vide order dated 20.01.2020 directed the Opposite Party No.1 for early settlement of the pensionary benefits as well as retiral benefits of the Petitioner. Despite such order by the Pension Adalat, the Opposite Parties sat over the matter and finally on 30.06.2023 the Petitioner has received retiral dues as well as pensionary benefits.

5. Learned counsel for the petitioner at this juncture referring to a circular of the G.A. and P.G. Department dated 30.12.1999 under Annexure-10 to the writ application submitted that in case of delay in payment of dues as is due and admissible to the Petitioner the Opposite Parties are liable to pay interest as has been decided by this Court in Dhruba Charan Panda v. State of Orissa and others in OJC No.6886 of 1999. Similarly, the Hon'ble Supreme Court in the case of The State of West Bengal v. Debabrata Tiwari & Ors. Etc. Etc. (Civil Appeal Nos.8842-8855 of 2022 decided on 3rd March, 2023) has also held that in a case where there is a delay in sanctioning and disbursing the legitimate dues of an employee, the employer is liable to pay interest of such amount.

6. Learned Standing Counsel on the other hand submitted that the delay, if any, was due to the processing of the claim of the Petitioner. Therefore, the entire claim for such delay in disbursal of the dues payable to the Petitioner cannot be put on the opposite parties. However, learned Additional Government Advocate submitted that in the event the authorities come to a conclusion that the delay was unreasonable and excessive then they may be directed to pay interest as // 3 //

has been held by this Court as well as the Hon'ble Supreme Court in the above noted judgments.

7. Considering the submission made by the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case as well as the materials on record and keeping in view the limited nature of the prayer in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Director, Family Welfare, Odisha- Opposite Party No.2 to look into the grievance of the Petitioner on production of the certified copy of this order by the Petitioner within two weeks from today. In the event, the Petitioner approaches the Opposite Party No.2 in the matter as has been directed hereinabove, the Opposite Party No.2 shall do well to consider the grievance of the Petitioner and in the event, the Opposite Party No.2 comes to a conclusion that the delay is solely attributable to the Opposite Parties then necessary decision be taken for grant of interest as has been held by this Court as well as the Hon'ble Supreme Court in the above noted judgments within a period of two months from the date the Petitioner approaches the Opposite Party No.2. The decision so taken by the Opposite Party No.2 be also communicated to the petitioner within two weeks thereafter.

8. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Aug-2023 11:37:18