The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WPC (OAC) No.2427 of 2017 Kishore Das ..... Petitioner State of Odisha & Others ..... -versus- Mr.K.P. Mishra, Sr. Adv. Opposite Parties Mr. B. Mohanty Addl. Govt. Advocate THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM: ORDER 14.08.2024 Order No.5
Legal Reasoning
1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the parties. 3. Petitioner has filed the present Writ Petton inter alia with the following prayer. the
Decision
order the pay In view of facts mentioned in Para-6 above, the applicants pray for the following relief(s): State Direct/ Respondents 18% to interest per annum for delay payment of pension for 15 years. Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice. (i) (ii) . 4. Learned counsel for the Petitioner contended that even though Petitioner retired from service on attaining the age of superannuation, on 31.10.2000, but on the ground of pendency of a Vigilance Proceeding, his retirement benefits were not released. Accordingly, Petitioner approached the Tribunal in OA No.3225 of 2003. The Tribunal vide order dt.13.09.2013 while disposing the matter issued the following direction. “In view of the above circumstances, the O.A is allowed. The Respondents all the are directed to disburse retirement benefits of the applicant including gratuity and commuted value of pension within a period of three moths from the date of receipt of a copy of this order. Since release of the illegally the applicant shall be withheld, entitled to statutory interest at the rate of 7% per annum on the gratuity payable to the applicant for the period from 01.11.2001, till the date of actual payment.” gratuity has been 4.1. Learned counsel for the Petitioner contended that in terms of the said order, Petitioner was released with the gratuity, final pension and commuted value of pension only on 29.01.2015 vide orders issued under Annexure-2 to the Writ Petition. But in view of the specific order passed by the Tribunal allowing interest @ 7% per annum on the . gratuity amount payable to the petitioner for the period from 01.11.2001 till the date of payment, Petitoiner is eligible to get interest @7% per annum on the gratuity amount for the period from 01.11.2001 to 29.01.2015. Similarly in terms of the guideline issued by the Government in the Department of Public Grievance and Pension Administration under Annexure-3, Petitioner is also eligible and entitled to get interest @ 18% per annum on the entitlement of the Petitioner towards his final pension. It is accordingly contended that in view of the order passed by the Tribunal under Annexure-1 and the stipulation contained in the guideline issued by the Government on 30.12.1999 under Annexure-3, Petitioner is eligible to get interest @7% per annum on the retirement gratuity for the period from 01.11.2001 to 29.01.2015 and @18% per annum on the final pension amount which was released on 29.01.2015. It is accordingly contended that appropriate direction be issued to Opp. Party No.1 to calculate the entitlement of the Petitioner towards such interest and release the same within a stipulated time period. 5. Learned Addl. Govt. Advocate on the other hand contended that in terms of the order passed by the Tribunal under Annexure-1, . Petitioner though was sanctioned with the final pension and gratuity on 26.12.2014, but the authority in question was issued by the Accountant General on 29.01.2015. It is also contended that Petitioner is not eligible to get interest @ 18% per annum on the delayed payment of pension in terms of the guideline issued under Annexure-3 as in the Vigilance Proceeding initiated against the Petitioner, charge-sheet was filed vide Charge-Sheet No.34 dt.20.09.2003. Since charge-sheet was filed against the Petitioner on 20.09.2003, Petitioner is not eligible and entitled to get any interest for such delayed payment of gratuity and final pension. 6. To the submission made by the learned State Counsel, learned counsel appearing for the Petitioner contended that even though charge-sheet was filed on 20.09.2003, but no cognizance was taken till the matter was disposed of by the Tribunal vide order dt.13.09.2013 under Annexure-1. Since no cognizance was taken basing on the charge- sheet so filed on 20.09.2003, it is to be held that no proceeding is pending against the petitioner by the time the Tribunal disposed of the matter and the compliance thereof. 7. Having heard learned counsel for the parties and considering the submission made, . this Court finds that Petitioner retired from service on attaining the age of superannuation on 31.10.2000. His retiral benefit were not released on the ground that a vigilance proceeding is pending against him. But as found from the record though charge-sheet was filed in the said Vigilance Case on 20.09.2003, but taking into account the fact that no cognizance has been taken by the concerned Court, the Tribunal while disposing the O.A No.3225 of 2003 vide order dt.13.09.2013 under Annexure-1 directed the Opp. Parties to disburse all the retiral benefit of the Petitioner including gratuity as due and admissible within a period of three (3) months from the date of receipt of this order. The Tribunal also held that Petitioner will be eligible to get interest @7% per annum on the gratuity amount payable for the period from 01.11.2001, till the date of actual payment. 7.1. Since Petitioner has been released with the gratuity only on 29.01.2015, as admitted by the Opp. Parties in their counter, Petitioner is eligible and entitled to get interest on the retiral gratuity amount @ 7% per annum for the period from 01.11.2001 to 29.01.2015. 7.2. With regard to claim of the Petitioner to get interest @18% on the delayed payment of pension in terms of the guideline issued by the . Government under Annexure-3, this Court permits the Petitioner to make an appropriate application before Opp. Party No.1 for consideration of his claim to get the same in terms of the said guideline within a period of 3 (three) weeks hence. While directing Opp. Party No.1 to release the interest @7% per annum for the period from 1.11.2001 to 29.1.2015, this Court also directs Opp. Party No.1 to take a decision on the claim of the Petitioner to get the benefit of interest @18% per annum on the final pension amount disbursed on 29.01.2015, in terms of the guideline issued by the Government under Annexure-3. This Court directs Opp. Party No.1 to conclude the entire exercise within a period of three (3) months from the date of receipt of this order. The Writ Petition is accordingly disposed of. ( BIRAJA PRASANNA SATAPATHY) Judge sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: High court of orissa, cuttack Date: 20-Aug-2024 11:52:42 .