WRIT PETITION 14478 of 2004 on 1 July 2003

Arguments

W.P.(C) No.14478 of 2004Misc. Case No.4169 of 201603.08.2016 This misc. case has been filed for a direction to the opposite parties to pay interest @ 18% interest per annum to the petitioners from 1.7.2003.

Heard Mr. Patra, learned counsel for the petitioners.

Learned counsel for the petitioners submits that in D.D. Tewari (D) Thr. L.Rs vs. Uttar Haryana Bijli Vitran Nigam Ltd., and others, AIR 2014 SC 2861, the apex Court for delayed payment of pension and gratuity awarded interest at the rate of 9% per annum from the date of entitlement till the date of actual payment.

After hearing at length, the present writ petition was disposed of with a direction to the opposite parties to pay interest at the rate of 9% per annum to the petitioners for delayed payment of retiral dues from 1.7.2003 till the date of disbursement of their retiral dues. The principle laid down in D.D. Tewari (D) Thr. L.Rs (supra) has been taken note of. This Court is not inclined to entertain the misc. case. At this juncture, learned counsel for the petitioner submits that a direction may be issued to the opposite parties to comply the order dated 11.3.2015 passed by this Court .

Considering the fact that the petitioners have retired in the meantime, the opposite parties are directed to pay interest as awarded within a period of three months from the date of production of a certified copy of this order, failing which, appropriate contempt proceeding shall be initiated.

The misc. case is disposed of.

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Dr.A.K.Rath, J.