Dr. Krishna Kumar Sugandhi v. State Of Chhattisgarh
WPS/560/2017 · 2025-04-11
Shri Rakesh Mohan Pandey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15849 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15849 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:16943
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 560 of 2017 1 - Dr. Krishna Kumar Sugandhi S/o Late Shri G. L. Sugandhi, Aged About 71 Years Retired Professor, National Institute Of Technology, Raipur, R/o H I G No. 31, Maruti Vihar Colony, Near R. K. Mall, Mahoba Bazar, G. E. Road, Raipur, District Raipur, Chhattisgarh, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Science And Technology, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh, Chhattisgarh 2 - National Institute Of Technology, Through Its Registrar, G. E. Road, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
---- Respondents For Petitioner Ms. Ritika Dubey, Advocate holding the brief of Mr. Malay Shrivastava, Advocate For State Mr. Pramod Shrivastava,Dy. G.A. For Respondents No.2 Mr. Kashish Ahuja, Advocate holding the brief of Mr. Prateek Sharma, Advocate Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 11.04.2025
1. The petitioner has filed this petition seeking the following relief(s):-
“10.1 This Hon'ble Court may be pleased to direct the respondents to pay all the interest accrued in favour of the petitioner on account of late payment of retirement benefits till date as per office memorandum dated
5.10.1999. 10.2 This Hon'ble Court may be pleased to direct the REKHA SINGH Digitally signed by REKHA SINGH
-2- respondents to pay interest @ 18% on the entire retirement benefits due and payable to the petitioner. 10.3 Any other relief in the discretion of this Hon'ble Court. 10.4 Cost of the petition may also be awarded.”
2. Ms. Dubey, the learned counsel appearing for the petitioner would submit that the petitioner retired from the post of Professor (Physics) on 31.05.2010 after attaining the age of superannuation. She would further submit that the amount of gratuity was paid to the petitioner with a delay of 209 days on 27.12.2010, whereas, the amount of GPF was paid in two installments; firstly, in the year 2012 and secondly, in the year 2014. She would contend that according to the Circular issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions dated 05.10.1999, the Government Servant would be entitled to interest in respect of the delayed payment of gratuity and GPF deposits. She would further contend that a direction may be issued to the respondent authorities to make payment of interest. 3. On the other hand, Mr. Shrivastava, the learned Dy. G.A. appearing for the State as well as Mr. Ahuja, learned counsel appearing for respondent No.2 would oppose the submissions made by Ms. Dubey. Mr. Ahuja would submit that the amount of gratuity and GPF were paid to the petitioner immediately after his retirement. He would further submit that the interest part was paid to the petitioner and if the interest was not added to the amount of gratuity and GPF, the petitioner may move a suitable representation before the respondent authorities claiming therein
3 interest. 4. Heard learned Advocates appearing for the parties and perused the documents placed on the record. 5. Taking into consideration the limited prayer made by Ms.
Dubey, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a fresh representation before the respondent authorities claiming therein interest on the amount of gratuity and GPF and in turn, the respondent authorities are
directed to decide the representation so made by the petitioner preferably within a period of 120 days from the date of receipt of a copy of this order.
6. With the aforesaid observation(s), the present petition is disposed of.
Sd/-
(Rakesh Mohan Pandey)
Judge Rekha