1 2025:CGHC:5099-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 876 of 2024 1 - Prashant Deshpandey (In Person) S/o Late Shri Prabhakar Rao Deshpande Aged About 63 Years R/o Joshiwada Near Nanoti Sangeet Vidyalaya Tandon Ward District - Bhandara (Maharashtra) ... Appellant/Petitioner versus 1 - State of Chhattisgarh Through The Secretary Water Resources Department Mantralaya Mahanadi Bhawan Atal Nagar Raipur (C.G.) 2 - Engineer In Chief Water Resources Department Raipur (C.G.) 3 - Executive Engineer Kharang Water Resources Department Behind Composite Building District - Raipur (C.G.) 4 - Divisional Joint Director Treasury Audit And Pension New Composite Building Collectorate District - Bilaspur (C.G.) ... Respondent(s) For Appellant/ Petitioner : Mr. Prashant Deshpandey, (in Person) For Respondent(s) : Mr. S. S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 2 28/01/2025 1. Heard Mr. Prashant Deshpandey, appellant/petitioner in person. Also heard Mr. S. S. Baghel, Dy. Govt. Advocate, learned counsel for the respondent/State. 2. The present writ appeal filed by the appellant(petitioner in the writ petition) against the impugned order dated 15.02.2024 passed by learned Single Judge in WP(S) No. 4154/2019 by which the writ petition filed by the appellant was allowed and the petitioner was held entitled for simple interest @18% per annum for delayed payment of amount of pension and gratuity for the period from 31.07.1968 to 31.03.1998 and thereafter till actual payment of amount of interest. 3. The following reliefs has been claimed by the writ appellant in the present writ appeal:- "It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this writ appeal and the respondent be directed to be paid to the appellant the interest of 18% compound interest by adjusting the amount if any has been granted and also to grant GPF which was legally entitled to the Appellant after the Late Prabhakar Deshpandey who had expired and who was employed as Lower Division Clerk Kharang Water Resources Division Bilaspur, and the compensation of Rs. 5 Lakhs as prayed for be ordered to be granted to him, and to directed to be paid to the appellant within as period of two months for the amount for which the payment of compound interest @ 18% per annum for gratuity, pension and GPF has not been granted, in the interest of justice." 4. The brief facts of the case are that the father of the petitioner late Shri Prabhakar Rao Deshpande was an employee in the office of Executive Engineer, Water Resources Department, Durg and he expired on 03.07.1968. The wife of the deceased employee was paid arrears and the pension and gratuity amount on 08.06.1998 i.e. after about 30 years of the death of the employee, without any 3 interest. The wife of the deceased employee had filed a WPS No. 4583/2009 for payment of provident fund amount and also for payment of interest on delayed payment of pension and gratuity amount. During the pendency of the writ petition the mother of the present petitioner has also died and then the petitioner was substituted in place of late Smt. Prabhawati Deshpandey. 5. The above said writ petition was disposed of by the learned Single Judge of this Court vide its order dated 02.01.2018 directing the office of the Advocate General to sent the case of the petitioner to Pension Redressal Committee. The Pension Redressal Committee after examining the records held that the petitioner is entitled to get interest on the delayed payment of pension and gratuity and thereafter the respondent department granted Rs. 37,175/- as interest @ 5% per annum from 31.07.1968 to 31.03.1998. The claim of the petitioner in the writ petition was to grant interest @ 18% per annum on the amount of pension and gratuity for its delayed payment. The petitioner has also raised his grievances before the department and ultimately filed the writ petition for grant of remaining departmental dues along with the interest @ 18%. 6. The learned Single Judge after hearing the parties, allowed the writ petition filed by the petitioner vide its order dated 15.02.2024 and the petitioner was held entitled for simple interest @18% per annum for delayed payment of amount of pension of gratuity for the period from 31.07.1968 to 31.03.998 thereafter till actual payment of amount of interest. It is also ordered that the interest already paid to the petitioner shall be adjusted in the amount of interest @ 18% enhanced by this Court. 7. Being aggrieved by the order 15.02.2024 the petitioner has filed this writ appeal with the aforesaid relief which is mentioned in the para -3 of this order. 8. The petitioner in person would submit that he is not at any fault and there is no reason for any delayed payment, therefore, the petitioner is entitled for the 4 compound interest @ 18 % from the date of his entitlement till the date of actual payment. 9. He would further submits that as per the order of learned Single Judge, the respondent/State had paid the simple interest @ 18% from the period in between 31.07.1968 to 31.03.1998 but no interest have been paid from the period of 31.03.1998 till date when the amount has actually been paid. He would further submits that in the writ petition, he also prayed for grant of provident fund amount but the same has not been considered by the learned Single Judge and no order has been passed for that respect. He would further submits that the order passed by learned Single Judge was challenged by the State Government by filing writ appeal No. 486/2024 which was dismissed by this Court vide order dated 05.08.2024. He would also submits that the inaction of the respondent authorities cause financial hardship to the petitioner as they are deprived by the income of his father without there being any fault on his part. Therefore, the appellant may be granted 18% compound interest on the delayed payment of amount of pension and gratuity and further provident fund amount and compensation be also granted to him. 10. On the other hand, learned counsel for the State opposes the submissions made by the petitioner in person and have submitted that the learned Single Judge has already granted relief to the petitioner and held entitled, the interest on the delayed payment of pension and gratuity @ 18% per annum from the period in between 31.07.1968 to 31.03.1998 which is the date on which the pension and gratuity was paid to the mother of the petitioner. 11. Learned counsel for the respondent would submit that this Court vide its order dated 08.01.2025 directed to file an affidavit of the concerned authority giving the details of amount which accrues to the appellant from 31.07.1968 to 31.03.1998, thereafter, till the actual payment of amount of interest. In compliance of the order dated 08.01.2025, the Executive Engineer, Kharang Water Resources Department, Bilaspur has filed his affidavit stating therein that after adjusting @ 5% of the 5 interest, which has already been paid to the petitioner, the respondent authorities have paid amount of Rs. 72,116.60/- to the petitioner on 25.10.2024 towards interest of pension amount and Rs. 4385.33/- towards interest and gratuity amount. He would further submits that an amount of Rs. 35488.22/-towards 5% interest of pension amount and Rs. 1686.67/- towards 5% interest of gratuity amount had already been paid to the petitioner on 18.02.2019, therefore, the respondent/State have paid the ordered interest @ 18% to the petitioner and thus no dues is lying and remaining with the respondents. He would also submit that the amount of provident fund has already been paid to the mother of the petitioner in the year 2010 as per the amount shown in his account, therefore, writ appeal filed by the appellant is liable to be dismissed. 12. We have heard learned counsel for the parties and perused and material annexed with the writ petition as well as writ appeal. 13. It is not in dispute that the father of the petitioner was government employee and Chhattisgarh Civil Services (Pension) rules 1976 (in short Rules of '1976') is applicable to the case. As per rule 57 rules of 1976, it is the duty of Head office to complete the process of pension within two years before the date on which Government servant is due to retire on superannuation or on the date of which he proceeds on leave preparatory to retirement which ever is earlier under rule 59 (1) of the Rules 1976. Further because an obligation upon the department to prepare pension papers within 13 months before the date of retirement and rule 61(2) of the Rules of 1976 provides the anticipatory pension and gratuity to the retired government servant on the date of the month following the month in which the government servant retired from service and rule 69 of the Rules of 1976 provided for payment of family pension and anticipatory family pension and death-cum- retirement gratuity when the government servant dies-in-harness. 14. 14. In the present case the employee Shri Prabhakar Deshpandey has died on 30.07.1968 but his pension was paid to his wife on 08.06.1998. The delay of 30 6 years shows the gross negligence on the part of the respondent authority and the same has been paid after about 30 years along with the interest @ 5% per annum that too after filing of the writ petition by the wife of the deceased employee. Since either the deceased or the wife of the deceased was not at any fault and the delay occurred on the part of the respondent authorities, the petitioner is certainly entitled for the interest for which the learned Single Judge has awarded simple interest @ 18% per annum for delayed payment of amount of pension and gratuity for the period from 31.07.1968 to 31.03.1998 and thereafter till actual payment of amount of interest. 15. This Court vide its order dated 08.01.2025 directed to file the affidavit of the concerned authority and the relevant part of the order is necessary to re-produced here:- 'learned State counsel shall file an affidavit of the authority concerned giving the exact amount which accrues to the appellant from 31.07.1968 to 31.03.1998 and thereafter till the actual payment of amount of interest.' 16. In compliance of the order dated 08.01.2025 the Executive Engineer, Kharang, Water Resources Department, Bilaspur has filed his affidavit on 22.01.2025 disclosing the following facts: "3. That, in compliance of the Hon'ble Court's direction dated 08.01.2025, it is humbly submitted that, so far as giving the exact amount which accrues to the appellant from 31.07.1968 to 31.03.1998 is concerned, in this regard, it is humbly submitted that, the petitioner has been paid death-cum-retirement gratuity and pension amounting to Rs. 1,13,762/- on 08.06.1998 and further Rs. 1150/- as gratuity amount on 08.06.1998. Copy of the relevant document regarding payment of gratuity and pension amount paid to the petitioner, is being annexed herewith as ANNEXURE R/A for kind perusal of this Hon'ble Court. 4. That, so far as the actual payment of amount of interest paid to the petitioner is concemed, in this regard, it is humbly submitted that, an amount of Rs. 35,488.22 towards 5% interest on pension amount has been paid to the petitioner on 7 18.02.2019. Thereafter, an amount of Rs. 1686.67/- towards 5% interest on gratuity amount has been paid to the petitioner on 18.02.2019. Copy of the relevant document regarding payment of 5% interest on gratuity and pension amount paid to the petitioner, is being annexed herewith as ANNEXURE R/B for kind perusal of this Hon'ble Court. 5. That, so far as the actual payment of amount of interest paid to the petitioner is concerned, in this regard, it is humbly submitted that, an amount of Rs. 72,116.60/-towards 13% interest on pension amount has been paid to the petitioner on 25. 10 2024. Thereafter, an amount of Rs. 4,385.33/- towards 13% interest on gratuity amount has been paid to the petitioner on 25.10.2024. Copy of the relevant document regarding payment of 13% interest on gratuity and pension amount paid to the petitioner, is being annexed herewith as ANNEXURE R/C for kind perusal of this Hon'ble Court." 17. Along with the affidavit fled by the Executive Engineer, the collection sheet has also been annexed as Annexure-R/1 and according to which, it has been submitted that the answering respondent has calculated the difference in the rate of interest granted to the petitioner by the authorities (5%) and the rate of interest granted by the learned Single Judge (18%) and after adjustment of the difference of rate of interest, an amount of Rs. 72,116.60/- was paid to the petitioner on 25.10.2024 which was the amount of interest @ 13 % on the pension amount of Rs. 4,385.33/- which is the amount of interest @13% of gratuity paid to the petitioner on 25.10.2024. From the affidavit of the Executive Engineer filed on 22.01.2025, it has also been reflected that an amount of Rs. 35,488.22/- was paid to the petitioner along with the interest @5% per annum on the pension amount and Rs. 1686.67/- was paid along with the interest @5% per annum of gratuity amount which was against the delayed payment of said pension and gratuity amount. 18. The Hon'ble Supreme Court in the matter of State of Andhra Pradesh and Another vs. Dinavahi Lakshmi Kameswari reported in 2021 (11) SCC 543 has held in Para 13 of its judgment that: 13. The direction for the payment of the deferred portions of the salaries and pensions is unexceptionable. Salaries are due to 8 the employees of the State for services rendered. Salaries in other words constitute the rightful entitlement of the employees and are payable in accordance with law. Likewise, it is well settled that the payment of pension is for years of past service rendered by the pensioners to the State. Pensions are hence a matter of a rightful entitlement recognised by the applicable rules and regulations which govern the service of the employees of the State. The State Government has complied with the directions of this Court for the payment of the outstanding dues in two tranches. Insofar as the interest is concerned, we are of the view that the rate of 12% per annum which has been fixed by the High Court should be suitably scaled down. While learned counsel for the respondents submits that the award of interest was on account of the action of the Government which was contrary to law, we are of the view that the payment of interest cannot be used as a means to penalize the State Government. There can be no gainsaying the fact that the Government which has delayed the payment of salaries and pensions should be directed to pay interest at an appropriate rate." 19. The Hon'ble Supreme Court has also granted simple interest @ 18% per annum on the amount of delayed payment of retiral benefits while passing its judgment in the matter of Vijay L. Mehrotra vs. State of U.P. and Others, 2001 (9) SCC 687. 20. The writ appellant has also claimed the amount of provident fund of the deceased employee. From perusal of the report submitted by the State in the writ petition it reflects from the document (Annexure R-4/1) that the deceased employee was having very meagre amount of Rs. 50 in his GPF account which has already been paid to the mother of the petitioner way back in the year 2010, therefore, the claim of the writ appellant for grant of GPF is not required to be adjudicated as the amount of GPF has already been paid to the mother of the appellant. 21. From the aforesaid consideration, we are of the opinion that the sufficient amount has already been paid to the petitioner against the delayed payment of pension and gratuity along with the interest @18% per annum and the petitioner is not found to be entitled any further sum on account of delayed payment of the 9 pension and gratuity his claim towards GPF has already been redressed. Therefore, we do not found any good ground to grant further relief to the writ appellant as claimed in the writ appeal. 22. Accordingly, the writ appeal is liable to be and is hereby dismissed. No order as to cost(s). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.02.03 17:47:38 +0530