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Dg Chauhan vs State Of Gujarat & 1

High Court Of Gujarat|27 July, 2012
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JUDGMENT / ORDER

1.0 By way of present petition, the petitioner has prayed for direction or order to respondents to fix the pension and all other retiral dues of the petitioner after treating the suspension period as period spent on duty for all purposes and to make payment thereof with 18% interest from 01.12.1994 till payment.
2.0 The petitioner who was appointed as Assistant and thereafter promoted as Deputy Secretary in 1991, was suspended for the alleged misconduct on 1989 and the matter was handed over to Crime Branch (CID). The petitioner was permitted to retire on superannuation on 30.11.1994 and was not given any retirement dues. In June 1995, the Investigating Authority submitted report under Section 169 of the Cr.P.C to the effect that there is no evidence or material against the petitioner. After the said report, the petitioner made application for the grant of retiral dues and to fix his pension. Since the respondents had not taken any action, the petitioners preferred present petition.
3.0 Learned advocate for the petitioner submitted that the petitioner has received the retiral dues in the year 2010. However, there is delay in payment and therefore interest is required to be paid to the petitioner.
4.0 It is stated that the delay was caused purely due to administrative reasons and therefore no order may be passed for interest. The respondent is a government machinery and since the delay was due to administrative reasons, I am of the view that it will not be appropriate to award interest on the ground of delay. The petition is therefore dismissed. Notice is discharged with no order as to costs.
(K.S.JHAVERI, J.) niru*
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Title

Dg Chauhan vs State Of Gujarat & 1

Court

High Court Of Gujarat

JudgmentDate
27 July, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Anand L Sharma