The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WPC (OA ) No.1211 of 2019 Basanti Panda ..... State of Odisha & Ors. -versus- ..... CORAM: Petitioner Mr. P.K. Joshi, Advocate Opposite Parties Mr. P.K. Panda, ASC THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 22.01.2025 Order No. 15 1. This matter is taken up through hybrid mode.
Legal Reasoning
2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer: In view of the facts stated above in Para-6 of this Original Application, the Applicant prays for the following relief. a) The Penal interest @18% be paid over the Retiral dues since 2001 till date as per Govt. Order No.7029{210)dt.30.12 1999 in Public Grievances & Pension Administration Department and as decided in Order no.ll.dt.l3.12.2013of this Hon ‘Tribunal and Order of the Hon’ble High Court in OJCNo.6886of 1999in case of Dhruba Charan Panda versus State of Orissa and others where in it is observed "If there is any delay in payment of pension the pensioner shall be entitled to 18% interest per Annum for the period of delay and this interest shall be recovered the person/persons responsible for the delay." from b) The undue delay in sanction of Provisional Pension and Gratuity, non-sanction of ULS and non-Payment of Final pension till date urges the Applicant to approach the Tribunal for relief. Page 1 of 6.
Legal Reasoning
4. Learned counsel for the Petitioner contended that the Petitioner is the wife of the deceased employee who retired from service on attaining the age of superannuation on 31.08.2001. 4.1. It is contended that even though the deceased employee retired on 31.08.2001 and died on 03.11.2012, but all his retiral dues were not released by the Opp. Parties on the face of the order passed by the Tribunal on different occasion. 4.2. It is contended that finally the Tribunal vide order dt.13.12.2013 in T. No.68 of 2004 directed the authorities to release the pension and pensionary benefits as due to the deceased employee as well as the family pension as due to the present Petitioner within a period of six (6) months from the date of receipt of this order failing which Penal interest will be imposed. 4.3. It is contended that the Tribunal in the said order also held the Petitioner entitled to get interest @7% per annum on the gratuity amount as due to the deceased employee from the due date till the date of actual payment. 4.4. It is contended that in terms of the order passed by the Tribunal on 13.12.2013, Petitioner was released with the gratuity in the month of October,2014. It is accordingly contended that in view of the order passed by the Tribunal, Petitioner is eligible to get interest @7% per annum on the gratuity amount from the due date till the gratuity amount is released in the month of August, 2015. 4.5. It is also contended that on the face of such order passed by the Tribunal on 13.12.2013, Petitioner was released with the arrear pension as well as arrear family pension in the month of March, 2015 i.e. not within the period of six (6) months as directed Page 2 of 6. by the Tribunal. It is accordingly contended that for such delayed payment of the original pension as well as family pension in the month of March, 2015, on the face of the order passed by the Tribunal on 13.12.2013, Petitioner is also eligible and entitled to get the interest on such delayed payment of the original pension and family pension. 4.6. A further submission was made that on the face of the order passed by the Tribunal, unutilised leave salary as due to the deceased employee has not yet been released. It is accordingly contended that in terms of the order passed by the Tribunal on 13.12.2013, petitioner is eligible and entitled to get interest on the pension as well as the family pension and the retiral gratuity from the due date till it is released and appropriate direction be issued to Opp. Party No.2 to pay the interest as claimed in this Writ Petition. Opp. Party No.2 be also directed to release the unutilised leave salary. 5. Learned Addl. Standing Counsel basing on the counter affidavit and the materials available on record contended that even though the deceased employee retired on 31.08.2001, but since he was dismissed from his services in a departmental proceeding, the matter was challenged by the deceased employee before the Tribunal in OA No.1298 of 2006. The Tribunal vide order dt.25.04.2011 quashed the order of dismissal and remitted the matter to the Government for passing appropriate final order in the Disciplinary Proceeding within a period of three (3) months from the date of receipt of the order. Pursuant to the said order and further order passed by the Tribunal on 13.12.2013 in T. No.68 of 2004, Petitioner was released with the arrear pension as well as Page 3 of 6. family pension in the month of March, 2015 and the gratuity amount as due to the deceased employee was released in on 19.08.2015. It is contended that since in terms of order dt.13.12.2013, Petitioner was released with all the entitlements as due to the deceased employee, save and except unutilised leave salary which has been withheld because of some recovery pending against the Petitioner, Petitioner is not eligible and entitled to get any interest on such payment of the original pension as well as family pension. But it is fairly contended that in terms of the said order, Petitioner is eligible to get the benefit of interest on the gratuity amount which was released in the month of August, 2015. Stand taken in para-4 of the counter reads as follows:- for the period
Decision
That, in reply to the averments made in Paragraphs- 6(a) to (g) of the Writ Petition, it is submitted that, after receipt of Sanction Order No. 40624, dtd.05.09.2014 (Annexure-A/4), the family pension @ Rs.4,950/- and thereafter @ Rs.3,500/-+T.I. as per Odisha Civil Services (Pension) Rules, 1992 has been paid to the Petitioner and after payment of all arrears for the period to 03.11.2012 vide Bill No.172/14-15, from 01.09.2001 dtd.19.03.2015 (Annexure-B/4) regular family pension was paid up to 10/2018 upon receipt of non-engagement certificate from the family pensioner as required by the Treasury. All arrears to 03.11.2012 amounting to Rs.14,66,378/- have been paid to the Petitioner vide Bill No.172/2014-15, dtd.19.03.2015. Arrear Provisional family pension amounting to Rs.1,39,371/- has also been paid to the Petitioner vide Bill No.173, dtd. 19.03.2015. Provisional Gratuity of Rs.1,47,015/- have been paid to the Petitioner Vide Bill No.90, dtd. 10.08.2015. Her regular final family pension paper received from the Petitioner vide letter No.Nil, dtd. 13.05.2016 (Annexure-C/4) submitted to P.S.A. vide letter No.9280, dtd.02.11.2015 (Annexure-D/4) for sanction of regular family pension. Regular Family Pension has been sanctioned in favour of the Petitioner as per Intimation Slip of PPO No.SAI-4/BLG/2081888774/1/p/18/10/60128425B, dtd.08.09.2018. At present, the petitioner is getting the Family Pension regularly. from 01.09.2001 6. Having heard learned counsel for the parties and considering the submission made, this Court finds that the deceased Page 4 of 6. employee though retired on attaining the age of superannuation on 31.08.2001, but because of the order of punishment passed against him in a departmental proceeding dismissing him from Govt. service w.e.f 23.7.2001 vide order dt.24.04.2004, he was not released with the pension and pensionary benefits as due to him. Such order of punishment passed vide Office order dt.24.04.2004 was only interfered with by the Tribunal vide order dt.25.04.2011 in OA No.1211 of 2006. 6.1. While setting aside the said order of dismissal, the matter was remitted to the competent authority to pass appropriate order in the Disciplinary proceeding. However, on the face of the subsequent order passed by the Tribunal on 13.12.2013 in T. No.68 of 2004, Petitioner was released with the pension and the family pension as due to the deceased employee as well as to the Petitioner in the month of March, 2015. Taking into account the nature of order passed on 13.12.2013 and release of the pension and family pension in the month of March, 2015, this Court is of the view that Petitioner is not eligible and entitled to get any interest on such payments made in favour of the Petitioner. 6.2. However, considering the nature of order passed on 13.12.2013, this Court is of the view that Petitioner is eligible to get interest @7% per annum on the retiral gratuity which was released in the month of August, 2015 as well as unutilised leave salary as due to the deceased employee. 6.3. Therefore, this Court while disposing the Writ Petition directs Opp. Party No.2 to calculate the interest on the retiral gratuity amount of the deceased employee for the period it became due till 18.08.2015 and release the same in favour of the Petitioner. Page 5 of 6. 6.4. This Court also directs Opp. Party No.2 to release the unutilised leave salary as due to the deceased employee in favour of the Petitioner. This Court directs Opp. Party No.2 to complete the entire exercise within a period of three (3) months from the date of receipt of this order. The Writ Petition accordingly stands disposed of. Sangita (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 03-Feb-2025 17:28:29 Page 6 of 6.