Court No. - 34
Case :- WRIT - A No. - 13359 of 2018 Petitioner :- Dr. Subey Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Annapurna Devi,Om Prakash Lohia Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri O.P. Lohia, Advocate, for petitioner, learned Standing Counsel for respondents and perused the record.
2. With the consent of learned counsels for parties, we proceed to decide this writ petition finally at this stage since issue involved in this writ petition is in respect to 'Interest' and there is no factual dispute.
3. Admittedly, petitioner retired on attaining the age of superannuation on 30.06.2000. The amount of General Provident Fund due to him was not paid till 30.06.2016 and it was credited in his account only on 30.06.2016. Claiming interest, petitioner filed Writ Petition No. 40182 of 2017, which was disposed of by judgment dated 01.09.2017 directing Director, Higher Education to take a decision with respect to entitlement of petitioner for interest. The said claim has been rejected by Director, Higher Education by order dated 12.01.2018 stating that the order was passed by Directors' Office on 11.06.2001 for payment of GPF and final payment thereof to petitioner was responsibility of concerned District Inspector of Schools and Treasury of District, therefore, petitioner is not entitled for any interest.
4. Once it is admitted that liability for non payment was on District Inspector of Schools or Government Treasury, both being Government Officer/Office, it cannot be doubted that petitioner is entitled for interest and he cannot be made to suffer for the fault of respondents and their own authorities and Officers. Delayed payment of provident fund without any valid reason is admitted and responsibility, as per own admission of Director, stated in impugned order, is on concerned District Inspector of Schools or District Treasury.
5. In these facts and circumstances, we allow this writ petition and direct respondents to pay simple interest at the rate of eight per cent per annum to the petitioner on the amount of G.P.F. from the date payment order was issued, i.e., 11.06.2001 till it was actually paid.
6. However, respondents are at liberty to recover the aforesaid amount of interest from the concerned Officials, who are found responsible for such delay in payment of amount, after giving opportunity of hearing, as prescribed in law.
7. The aforesaid payment shall be made within two months from the date of production of certified copy of this order.
Order Date :- 31.5.2018 PS