WRIT PETITION 14518 on 1 August 2007

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India withthe following prayer for:

-to issue appropriate writ or order or direction preferably one in the natureof Writ of Mandamus declaring the action of the respondents in not payingthe interest on the delayed payment of pension and other retirementalbenefits to the petitioner when thereis no fault on the part of thewritpetitioner as illegal, voidand against to the part-ill Constitution of India andconsequently direct the respondents to pay the interest on the delayedpayment of pension from 01.08.2007 to actual date of payment and pass...”

2. Heard SnD.V^.Sasidhar, learned Counsel for the Petitionerandthelearned Assistant Government Pleader for Services-ll for the respondents.learned Assistant Government Pleader for Services-ll for the respondents.

3. Learned Counsel for the Petitioner would submit that thePetitionerworked as Assistant Commissioner, Endowments Department and he retiredfrom service on 31.07.2007. But his full pension was not paid since chargeswere framed against him till April, 2019. Learned Counsel would further submitthat after twelve years, he has received full pension. Hence, he is entitled for12% interest per annum on delayed payment. Learned Counsel would furthersubmit that the respondents have not paid interest, the present petition is filedseeking a direction to the respondents to pay interest on the delayed paymentof pension and other retirement benefits. Learned counselwouldfurthersubmit that he has challenged the punishment imposed against him by theDisciplinary Authorityin O.A.No. 5897 of 2015 andit was dismissedvideorders dated 06.12.2017. Thereafter, the Petitioner filed W.P.No. 14518 ofworked as Assistant Commissioner, Endowments Department and he retiredfrom service on 31.07.2007. But his full pension was not paid since chargeswere framed against him till April, 2019. Learned Counsel would further submitthat after twelve years, he has received full pension. Hence, he is entitled for12% interest per annum on delayed payment. Learned Counsel would furthersubmit that the respondents have not paid interest, the present petition is filedseeking a direction to the respondents to pay interest on the delayed paymentof pension and other retirement benefits. Learned counselwouldfurthersubmit that he has challenged the punishment imposed against him by theDisciplinary Authorityin O.A.No. 5897 of 2015 andit was dismissedvideorders dated 06.12.2017. Thereafter, the Petitioner filed W.P.No. 14518 of 2018 that was allowed by setting aside the punishment imposed against thepetitioner and also directed the respondents to pay the pension including thearrears.

4. Learned Assistant Government Pleader for the respondentswouldsubmit that there is no delay in payment of pension to the petitioner. As theDisciplinary action has been initiated against the petitioner, he couldnot getfull pension. He has approached the Tribunal by filing O.A.No. 5897 of 2015which was dismissed. Then, he preferred a writ in W.P.No. 14518 of 2018which was allowed vide orders dated 05.09.2018. Thereafter, the Governmenthas issued G.O.Rt.No. 230 dated 07.02.2019 and directed the respondentNo.2 to take further action for payment of full pension andarrears. Therespondent No.2 also issued proceedings directing the respondent No.3 torelease the full pension and arrears vide proceedings dated 11.03.2019 inRc.No. E3/2642/2007. Accordingly, the respondent No.3 in compliance of thedirections, paid full pension to the petitioner. Hence, the question of awardinginterest for the alleged delay does not arise. Learned Assistant GovernmentPleader would further submit that the petition shall be dismissed.

5. Considering the submissions made and a fair look at the materialonrecord, this Court is of the view that the petition is liable to be dismissedonthefollowingreasons.Admittedly,thepetitionerretiredasAssistantCommissioner in the year 2007 i.e., on 31.07.2007.By that time, chargeswere framed against him in the Disciplinary enquiry. Thereafter, he was foundguilty by the authorities and awarded punishment. The petitioner challenged

Conclusion

the proceedings before the Tribunal by filingO.A.No. 5897 of 2015whichwasdismissed on 06.12.2017. Thereafter, the Writ Petition inW.P.No.14518 of2018is preferred and that was allowed on 05.09.2018.Itis beneficial toextract the order passed therein.

The Writ Petitionis accordingly allowed settingaside the order dated 06.12.2017 passed by theTribunal in O.A.No. 5897 of 2015and G.O.Rt.No.1140,Revenue(Vig.lV-1)Department,dated17.12.2014. The respondents shall release the fullpension,includingarrears,duetothepetitionerexpeditiouslyand in any event, not later than fourweeks from the date of receipt of a copy of thisorder.”

6. The record further shows, without any further delay, the respondent-authorities have issued G.O.Rt.No. 230 dated 07.02.2019 for compliance ofthe order passed by this Court to take all necessary steps for payment of fullpension and arrearsto thepetitioner.Accordingly,therespondent No.3released the full pension and arrears to the petitioner in obedience to suchorders. Pertinent to mention, payment of the interest is not automatic, unlessthe statute says so. The petitioner cannot ask for the interest as a matter ofright. More so, the delay that occurred in giving full pension to the petitioner,because of disciplinary proceedings pending against him and further lead tofiling of petitions before the judicial authorities.authorities have issued G.O.Rt.No. 230 dated 07.02.2019 for compliance ofthe order passed by this Court to take all necessary steps for payment of fullpension and arrearsto thepetitioner.Accordingly,therespondent No.3released the full pension and arrears to the petitioner in obedience to suchorders. Pertinent to mention, payment of the interest is not automatic, unlessthe statute says so. The petitioner cannot ask for the interest as a matter ofright. More so, the delay that occurred in giving full pension to the petitioner,because of disciplinary proceedings pending against him and further lead tofiling of petitions before the judicial authorities.

7. In that view, this Court does not find any reason to consider the plea ofthe interest. In the result, the Writ Petition is dismissed.the interest. In the result, the Writ Petition is dismissed.

Pending applications, if any, shall stand closed.

Sd/- G. HELA NAIDUASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To.

1. One CC to SRI. D V SASIDHAR Advocate [OPUC]

2. Two CCS to GP FOR SERVICES II ,High Court Of Andhra Pradesh.

[OUT]

3. Three CD Copies psk

.f

HIGH COURT

DATED:25/03/2025

ORDERWP.No.9985 of 2019

DISMISSING THE WRIT PETITION WITH NO COSTS