Ramdhan Jain v. Director of Education & Anr.

1. By this writ petition, the petitioner who was an employee of the Hira Lal Jain Senior Secondary School, seeks the reliefs of payment of pension, gratuity and interest for delay in payment of the said amounts.

2. Counsel for the petitioner does not dispute that petitioner has received the pension and gratuity and the petitioner is now only seeking interest from the years 1986 to 1994 on account of delay in payment of terminal benefits of pension and gratuity.

3. The respondent Nos.[1] and 2 in their counter affidavit have stated that petitioner was compulsorily retired. The writ petition shows that 2013:DHC:4137 W.P.(C) No.9177/2009 petitioner challenged the order of compulsory retirement before the Delhi School Tribunal (DST), but that appeal was dismissed in the year 1990. Petitioner challenged the order of the DST before this Court in a writ petition and the same was also dismissed in limine in the year 1992. Petitioner thereafter signed the requisite papers for release of the terminal benefits on 25.4.1994, and therefore pension etc was released and interest was also paid from 1.9.1994.

4. In my opinion therefore, no fault can be found of the respondents to fasten them with the liability of interest because payment of amounts can be made towards pension and gratuity only on the retired employee signing the necessary papers. Once the papers were signed, the employee-petitioner was paid the amounts of pension and gratuity.

5. In view of the above, no relief for payment of interest on account of alleged delay in payment of the amounts can be granted to the petitioner.

6. The writ petition is therefore dismissed to the extent of claim of interest recording that other reliefs of pension and gratuity have already been released to the petitioner.

AUGUST 22, 2013 VALMIKI J. MEHTA, J. Ne