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Showing contexts for: interest on pension arrears in Yogendra Singh Bhadauria vs The State Of Madhya Pradesh on 22 September, 2020Matching Fragments
While so disposing of the petition in question, the writ court though recognized the cause raised by the petitioner to be recurring in nature but declined grant of consequential benefits of arrears of pension and interest on the ground of the petitioners having approached to the court with delay and latches.
The instant appeal is filed for seeking arrears of pension and interest.
After hearing learned counsel for the rival parties, this Court is of the considered view that petitioners/appellants are entitled to the arrears of pension and so also to interest for the reasons infra.
Learned counsel for the State has raised objection as to grant of arrears of pension and interest by submitting that six petitioners/ appellants herein had superannuated on 30 th June but in different years ranging from 2010, 2012, 2013, 2014 and 2015. It is submitted that the cause of non grant of increment due from 1 st of July i.e. a day after their reitrement became known to them on the reciept of depressed pension immediately after their reitrement. Thus the objection is that the petitioners who have approached this court late by filing the petition in the year 2019 without explaining delayed approach are not entitled to the arrears of pension and interest.
Thereafter comes to the question of entitlement of interest over the arrears of pension. The interest over a particular monetary claim is ordinary granted where it was found that the claim due 7 WA 645-2020 under the law was wrongfully denied. Thus just to compensate the petitioner for the financial loss owing to the devaluation of the currency and the delayed grant of justice from the period of arising of the cause till the grant of relief, courts do grant interest.
Accordingly, this Court allows this WA in the following terms:-
(i) The official respondents are directed to release the increment due to the appellants w.e.f. 01.07.2014, 01.07.2010, 01.07.2013, 01.07.2012, 01.07.2015 and 01.07.2015 respectively.
(ii) The pension be refixed after adding the grant of aforesaid increment and the arrears of pension be paid to the petitioners.
(iii) The petitioners are entitled to interest over the aforesaid arrears of pension @ 10% p.a. from the date the arrears became due till their payment.