Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:34233 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6038 of 2025 ------
Vyas Thakur, aged about 63 years, S/o Bisheshwar Thakur, R/o Village-Krishna Puri Road No.IA, Near Hanuman Mandir, PO-chutia, PS-Chutia, Dist-Ranchi, Jharkhand.
… … Petitioner(s) Versus
1. The State of Jharkhand.
2. Director General-cum-Inspector General of Police, Jharkhand, Ranchi, Police Headquarter, HEC, PO & PS- Dhurwa, Dist-Ranchi, Jharkhand.
3. Deputy Inspector General of Police (Personnel), Jharkhand, Ranchi, Police Headquarter, HEC, PO & PS-Dhurwa, Dist- Ranchi, Jharkhand.
4. Deputy Commissioner, Deoghar, PO, PS & Distt. -Deoghar, Jharkhand.
5. Superintendent of Police, Deoghar, PO, PS & Distt. - Deoghar, Jharkhand.
6. Accountant General, North Office Para, Shyamli Colony, PO & PS-Doranda, Dist-Ranchi, Jharkhand.
7. District Treasury Officer, Ranchi, PO-GPO, PS-Kotwali, Dist- Ranchi, Jharkhand.
… … Respondent(s) ------
CORAM : SRI ANANDA SEN, J. ------
For the Petitioner(s) : Mr. Birju Thakur, Advocate
For the Respondent(s) : Mr. Abhijeet Anand, AC to Sr. SC-I
Ms. Richa Sanchita, Advocate
------
04/ 17th November,2025
1.
Heard the parties.
2.
By filing this writ petition, the petitioner has prayed for a direction upon the respondents to make payment of 18% interest on delayed payment of pensionary/retiral benefits including pension, gratuity, leave encashment, group insurance etc., to the petitioner on the ground that there was much delay, attributable to the respondents, in respect of the payment of retiral benefits.
3.
The learned counsel appearing on behalf of the petitioner submits that the petitioner superannuated on
31.12.2021. As his retiral benefits were not paid, he had to approach this Court by filing writ petition. In the writ petition
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being WP(S) No.995 of 2024, the Coordinate Bench of this Court
directed the respondents to consider his representation and release the retiral benefits, if there is no other legal impediments. The aforesaid writ petition was disposed of on
03.04.2024. The respondents thereafter calculated the retiral benefits of petitioner and paid the same.
4.
The learned counsel argues that in December, 2024, the amount of retiral benefits has been paid. Since there was delay in paying the retiral benefits, he is entitled for interest on the same.
5.
Learned counsel appearing on behalf of the respondents submits that once the order was passed by the High Court in WP(S) No.995 of 2024, immediately the amount was paid to the petitioner. Since the amount has been paid to the petitioner, there is no obligation to pay any interest.
6.
After hearing the parties, I find that admittedly, the petitioner had superannuated on 31.12.2021. As his retiral benefit was not paid, he had to approach this Court by filing WP(S) No.995 of 2024. The same was disposed of on
03.04.2024. After disposal of the same, the respondents disbursed the entire benefits to the petitioner. The amount which was disbursed is the principal amount. Admittedly, there is a delay of three years in disbursing the retiral benefits. Further the petitioner had to approach this Court to get the admitted benefit. The money which the petitioner could have enjoy was released in his favour after three years, thus, the respondents deprived him from getting benefit of his dues. No money remains idle. It gives some benefit in favour of the person who keeps the same.
7.
In this case, the amount which the petitioner was supposed to receive was lying with the respondents. Some benefit must have been derived by the State, depriving the petitioner, as the amount was kept with the State, which actually should have been disbursed to the petitioner.
8.
Considering the fact that there was deferred
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payments of retiral benefits, I direct the respondents to pay the interest at the rate of 7% per annum on the amount of retiral benefits to the petitioner from the date of his superannuation till the date of actual payment.
9.
With the aforesaid observation, this writ petition stands disposed of.
(ANANDA SEN, J.)
17th November, 2025 Sandeep, cp2