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TMI Blog2020 (12) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... attachment. The said interest shall be paid by the respondents within six weeks from the date when the petitioner shall communicate this order to the appointing authority. Petition allowed in part. - WP(C) 1362 of 2019 - - - Dated:- 7-12-2020 - HON BLE MR. JUSTICE S. TALAPATRA For Petitioner(s) : Mr. R. Purkayasta, Adv. For Respondent(s) : Mr. B. Majumder, Asst. SG. Judgment Order (Oral) Heard Ms. R. Purkayastha, learned counsel appearing for the petitioner as well as Mr. B. Majumder, learned ASG appearing for the respondents. [2] This petition under Article 226 of the Constitution of India has been filed for seeking the reliefs as follows: (i) The compensation for amount of ₹ 10 lakhs for harassment and mental agony caused to the petitioner. By making delayed payment of his pension and other retiral benefits pursuing a mala fide departmental proceeding. (ii) For providing statutory interest against his entitlement or to pay interest in the market rate coupled with penal interest from the date the entitlement were due till the date of payment. Also for the delay in payment of pension including commutation of the pension, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al disagreement to the finding of the enquiry officer was registered by the departmental authority. From the communication dated 16.09.2014, it appeared to the court that no finding, adverse to the petitioner was raised. In view of the manifest lack of evidence, this court has directed the disciplinary authority to pass the final order within a period of thirty days from the day when the petitioner would furnish a copy of the order. It was directed that after the final decision was taken within the stipulated date, the arrears to which the petitioner was entitled shall be released within a period of two months from the date of the final decision. There is no dispute that the petitioner has retired on superannuation on 31.01.2013, before the disciplinary proceeding was concluded. [6] It is apparent from the records that the respondents approached this court for extension of time by filing a special application being IA No.01 of 2018, which was disposed of by the order dated 21.02.2018 by allowing thirty more days from the date of the order i.e. 21.02.2018 for implementation of the judgment. It appears further that the respondents were approached by the petitioner for releasing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to commute his pension. [8] Ms. Purkayastha, learned counsel has further submitted that in view of the delayed payment, the petitioner is entitled to get statutory interest as well as the compensatory interest. The petitioner, in respect of the reply filed by the respondents has stated for compliance of procedural nitty gritty, such delay did not take place. The petitioner filed the rejoinder to counteract the statements of the respondents. The petitioner has stated in the rejoinder that the departmental proceeding was kept pending for almost six years and on that pretext, all the benefits due to him were withheld and finally at the intervention of this court, the disciplinary proceeding was wound up. [9] Ms. Purkayastha, learned counsel having referred to Section 7(3A) of the Payment of Gratuity Act, 1972 has submitted that the said provisions clearly lay down that in the event of delayed payment of gratuity, the employee concerned will be entitled to interest. Section 7(3A) reads as follows: The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. It further pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 018. [12] Mr. Majumder, learned ASG has further submitted that according to the statute, the gratuity was payable on or before 02.03.2019 i.e. thirty days from the date of retirement on superannuation. But the gratuity was paid to the petitioner on 18.01.2019 as per records. Mr. Majumder, learned ASG has further submitted that commutation of pension could not be made for the solitary reason that the petitioner has not submitted Form- 4 duly certified by the District Medical Officer or the person holding the equivalent post. For this reason, the respondents cannot be held responsible for non-payment of the commutation value till now. Having regard to the para 2 of the reply filed by the respondents, Mr. Majumder, learned ASG has submitted that except of commutation of pension, all other dues have been paid by now. The pension was released w.e.f. 01.02.2013 by the pension payment order dated 04.01.2019. Thus, it is apparent that the pension could not be released within the statutory period of six months in terms of CCS (Pension) Rules, 1972 from the date of retirement. Due date of release of pension taking the date of the final order in the disciplinary proceeding would be 17.04 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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