Full Text
Translation output
A-1S Ib
% 07.7.2011
Present: Dr. Ashutosh and Mr. Vasant Kumac Advocates for the petitioner.
Mr. R.V.Sinha and Mr. A.S.Singh, Advocates for the respondent.
+ CONT. CAS (C) No.853/2009
*
The order of the Central Administrative Tribunal dated
30.10.2003 is on record; respondents have been directed to release the retiral benefits of the petitioner; since they had been released late, liability for interest had been imposed upon the respondents.
The order had noted that as the interests rate have gone up the interest would be payable at the rate of 6% per annum Iffrom the date the retiral benefits has become due till the date of payment".
It is this last line of the order which has been the subject matter of dispute by the respective counsels as per their different interpretation.
Counsel for the respondent has drawn attention of this Court to the letter of the respondents dated 16.12.2009 sent by the Joint
Commissioner, Customs and Central Excise to the petitioner wherein the amounts of Rs.33,861/- and Rs.28,799/- (comprising of the interest on the retiral benefits of the petitioner) had been tendered by way of cheques dated 10.12.2009. This letter of
16.12.2009 shows that the retiral benefits of the petitioner were classified under 4 heads; they had been paid on 10.9.2001-
2011:DHC:8079
If
24.4.2005, 10.9.2001 and 15.9.2005 respectively; afore-noted two amounts of Rs.33,861/- and Rs.28,799/- were the interest amount paid on this retiral benefits. Interest has thus already been paid on the retiral benefits of the petitioner. Nothing survives in this petition; the same is dismissed.
INDERMEET KAUR, J.
JULY 07, 2011 mm
2011:DHC:8079
% 07.7.2011
Present: Dr. Ashutosh and Mr. Vasant Kumac Advocates for the petitioner.
Mr. R.V.Sinha and Mr. A.S.Singh, Advocates for the respondent.
+ CONT. CAS (C) No.853/2009
*
The order of the Central Administrative Tribunal dated
30.10.2003 is on record; respondents have been directed to release the retiral benefits of the petitioner; since they had been released late, liability for interest had been imposed upon the respondents.
The order had noted that as the interests rate have gone up the interest would be payable at the rate of 6% per annum Iffrom the date the retiral benefits has become due till the date of payment".
It is this last line of the order which has been the subject matter of dispute by the respective counsels as per their different interpretation.
Counsel for the respondent has drawn attention of this Court to the letter of the respondents dated 16.12.2009 sent by the Joint
Commissioner, Customs and Central Excise to the petitioner wherein the amounts of Rs.33,861/- and Rs.28,799/- (comprising of the interest on the retiral benefits of the petitioner) had been tendered by way of cheques dated 10.12.2009. This letter of
16.12.2009 shows that the retiral benefits of the petitioner were classified under 4 heads; they had been paid on 10.9.2001-
2011:DHC:8079
If
24.4.2005, 10.9.2001 and 15.9.2005 respectively; afore-noted two amounts of Rs.33,861/- and Rs.28,799/- were the interest amount paid on this retiral benefits. Interest has thus already been paid on the retiral benefits of the petitioner. Nothing survives in this petition; the same is dismissed.
INDERMEET KAUR, J.
JULY 07, 2011 mm
2011:DHC:8079
JUDGMENT