C/SCA/14050/2016 ORDER DATED: 30/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14050 of 2016 ================================================== RATILAL LALLUBHAI DHIMMAR Versus THE STATE OF GUJARAT & ORS. ================================================== Appearance: MR SHAKTI S JADEJA(5491) for the Petitioner(s) No. 1 ANKIT N MEHTA(7302) for the Respondent(s) No. 5 ASHOK B TRIVEDI(8464) for the Respondent(s) No. 5 MS. URVASHI PUROHIT, AGP for the Respondent(s) No. 1,2,3 MR. RAAJEN D JADHAV(10026) for the Respondent(s) No. 4 ================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 30/06/2025 ORAL ORDER [1] The prayer in this writ petition is to direct the respondent authorities herein to grant interest at the rate of 18% for the delay caused in paying the retirement benefits for the period from 14.06.2014 to 01.09.2015. [2] It is the case of the petitioner that though he attained the age of superannuation on 14.06.2014, his retiral benefits were not settled till 01.09.2015 without any justification whatsoever. The fact that the petitioner attained the age of superannuation on 14.06.2014 and the fact that the pension was paid only on 31.08.2015 is not in dispute. There is, thus, admittedly a delay of about 1 year 2 months in settlement of the retiral benefits in favour of the petitioner. Page 1 of 4 C/SCA/14050/2016 ORDER DATED: 30/06/2025 [3] A reply has been filed by the second respondent in which it is stated that though the petitioner attained the age of superannuation on 14.06.2014, the office of the second respondent received the papers only on 09.12.2014 and those papers were sent back for compliance and clarification to the fourth respondent institution under letter dated 19.01.2015. It is also stated that thereafter, a reminder was sent on 13.04.2015 calling upon the fourth respondent institution to send the pension papers. Copies of these letters are also annexed as Annexure R2 to the affidavit. It is stated that only thereafter, on 25.04.2015, the pension papers were received by the office of the second respondent and immediately it forwarded to them to the office of the D.P.P.F. and the pension was released immediately thereafter, on 23.07.2015. [4] In short, it is basically sought to be contended that the delay in settlement to the retiral benefits was due to the fact that the fourth respondent did not send the papers till 09.12.2014 and the papers that were sent were also defective and only after a reminder was sent in the month of April, 2015, that the pension papers were received. The fourth respondent, though having entered appearance has not filed any reply. It may be pertinent to state here that during C/SCA/14050/2016 ORDER DATED: 30/06/2025 the pendency of this writ petition, the fifth respondent, who had been issued a show-cause notice by the fourth respondent calling upon him to show cause as to why there is a delay in the settlement of the pension papers got himself impleaded in this writ petition. The fact that the fourth respondent issued a show-cause notice to the fifth respondent by itself affirms the fact that there was a delay in the settlement of the pension papers. [5] Since there is absolutely no cause shown for the delay in settlement of retiral benefits and having regard to the settled law that any delay in settlement of retiral benefits entails the liability to pay interest, in my view, it would be appropriate to direct the fourth respondent to pay interest at the rate of 9% on the retiral benefits that were due to the petitioner for the period from 14.06.2014 till 25.04.2015. It may be pertinent to state here that as per the Section 128 of the Gujarat Civil Services Pension Rules, 2002 there is an obligation on the employer to send the pension papers to the Director of Pension and Provident Fund twelve months before the date of retirement. In fact, the work of preparation of pension papers is required to be initiated twenty four months prior to the date of superannuation is therefore indicates that the institution was under a statutory obligation to ensure that the imitation of the proceedings C/SCA/14050/2016 ORDER DATED: 30/06/2025 for payment of pensions and the submissions of the papers ought to have been done well in advance. There being in an ordinate delay of more than one year in the settlement of the retirement benefits, the fourth respondent institution has incurred the liability to pay interest at the aforementioned rate. The aforementioned amount shall be computed and paid to the petitioner within a period of three months from the date of receipt of copy of this order. [6] In light of the above observations and directions, the writ petition stands disposed of. Rule is made absolute to the aforesaid extent. (NSSG, J.) DHARMENDRA KUMAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 01/07/2025 17:54:17