The petitioner by way of this petition under Article 226 of the Constitution of India has prayed for the following reliefs:
"A) Directing the Respondents to fix and pay all the service benefits to the petitioner including pay fixation, annual increment, final pension, etc.
B) Directing the Respondent No.1 to pay interest at the rate of 8% on the amount of Rs.1185689/- and further amount to be paid to the petitioner from 1.10.2007 till payment.
C) During the pendency and final disposal of this petition the Respondent No.1 may be directed to pay interest at the rate of 8% on the amount already paid to the petitioner.
D) To grant such and further relief as may be deemed fit."
Thereafter this Court (Coram: Anant S. Dave, J) vide order dated 13.09.2011 issued appropriate directions to fix and release the retiral dues. It transpires from the record that as recorded in the order dated 29.09.2011 an amount of Rs.1,34,377/- was ordered to be paid to the petitioner towards retiral dues. Lastly vide order dated 18.10.2011 this Court (Coram: Anant S. Dave, J) had directed the respondents to clarify why there was delay of about four years in payment of retiral dues to the petitioner.
In compliance with the said order, respondent No.3 as well as 7 and respondent No.5 have filed their affidavits.
Mr.Supehia, learned advocate for the petitioner, submits that the main prayer as regards fixation and payment of pension stands redressed. However, the claim of the petitioner for interest @ 8% as prayed for in the present petition is still not redressed by the respondents. It was however, candidly submitted that in view of the affidavits filed by the respondents, as stated hereinabove, it would be appropriate if the petitioner is permitted to make a representation to the respondent authorities for payment of interest.
Mr.Rakesh R. Patel, learned Assistant Government Pleader appearing for the respondent authorities and Mr.Rajesh N. Chauhan, learned advocate for respondents No.3 and 7 have no objection if the petitioner is permitted to file a representation and for raising his claim for interest.
Considering the above facts and more particularly the fact that the petitioner has already been paid all retrial dues and even as per the learned advocate for the petitioner the only question which remains to be decided is entitlement of interest and hence, interest of justice shall be served if the petitioner is permitted to file such a representation. Accordingly, the petitioner shall file a representation, as indicated above latest by 15.02.2012, the same shall be decided by the concerned authorities in accordance with law as expeditiously as possible.
With these observations, the petition stands disposed of. NOTICE discharged. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top