Heard Mr.S.Karthik, learned counsel appearing for the petitioner.
2. The petitioner has approached this Court for seeking the following relief, “To issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent in its letter No.17/WP 12296/2009/PFC, dated 18/20.10.2010, quash the same and consequently direct the respondents to pay Rs.19,987/- towards interest @ 8.5% on the delayed payment of final installment of Contributory Provident Fund accumulations of the petitioner and further pay costs incurred by the petitioners.”
The case of the petitioner is as follows:
3. The petitioner first entered service in Food Corporation of India (FCI) as Assistant Grade-III and thereafter, promoted as Grade-II and further promoted as Assistant Grade-I. In the cadre of Assistant Grade -I, there was some anomaly in the matter of payment of monthly salary between the petitioner and his junior, as his junior started drawing higher pay than the petitioner.
4. On representation from similar persons, the seniors' pay came to be stepped up in 1993 and as far as the petitioner is concerned, the same was done by an order dated 29.09.1997. However, this stepped up pay came to be cancelled subsequently. However, the cancellation was challenged in various Courts and the challenge was appealed upto the Hon'ble Supreme Court of India.
5. In the meanwhile, the petitioner said to have submitted request for Voluntary Retirement under the V.R.S. scheme. On acceptance of the same, he was retired as Assistant Manager (Accounts) on 09.10.2004. After his retirement, it appears that the respondent Corporation have passed an order on 23.12.2006, stepping down the pay of the petitioner. As a consequence of which, the respondents refused to disburse the final payment of balance 10% of the Contributory provident Fund (CPF) accumulations, which became payable to the petitioner after his retirement.
6. In the above circumstances, the petitioner had submitted numerous representations to the respondents to release the final payment of CPF accumulations and seeking extension of similar benefit of higher payment granted to identically placed persons who had the benefit of the orders passed by this Court. However, the same was not accepted by the respondents, on the ground that the the petitioner was not a party to the proceedings before this Court.
7. Therefore, he was constrained to file a petition in W.P.No.12296 of 2009 before this Court and this Court by an order dated 06.07.2009, directed the respondents to consider the representation of the petitioner, in the light of the orders passed earlier. In pursuance of the said direction, the stepping up of pay originally granted to the petitioner has been restored by an order dated 27.02.2010. In respect of the above, the respondents refused the final payment of CPF accumulations and there was a delay of ten months in releasing the said amount.
8. In the said circumstances, the petitioner made a representation on 20.06.2006, to the respondents to grant interest at 8.5% on the delayed payment of the above said amount. The said representation was rejected by the third respondent vide its proceedings dated 18/20.10.2010, stating that the delay was not intentional. In such circumstances, the petitioner is before this Court, seeking for payment of interest, which is calculated at Rs.19,987/-.
9. Inspite of notice being issued to the respondents, none appeared on behalf of the respondents on earlier occasions and even today, when the matter is taken up for hearing, there is no representation for the respondents.
10. However, notwithstanding the absence of the learned counsel for the respondents, this Court has perused the materials and averments available on record and heard the submissions of the learned counsel for the petitioner. This Court is of the view that the interest as prayed by the petitioner is entitled to be allowed in the facts and circumstances of the case.
11. In the said circumstances, there shall be a direction to the respondents to pay the interest of Rs.19,987/- as calculated by the petitioner, within a period of one month from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No costs.
03.08.2017 Index : yes/No Internet : Yes gsk To
1. The Chairman and Managing Director, The Food Corporation of India, Head Quarters, 16-20, Bharakhamba Lane, New Delhi-1.
2. The Executive Director (South), Food Corporation of India, Zonal Office, No.3, Haddows Road, Chennai-6.
3. The General Manager (Region), Food Corporation of India, Regional Office, Hyderabad-4.
4. The Area Manager, Food Corporation of India, District Office,Tadepalligudem 534 102.
V.PARTHIBAN,J.
gsk W.P.No.25723 of 2011 03.08.2017