00362/2022 & 8 ors.
pension and paid the arrears of the pension along with compound interest
to the petitioners of WP(S) No. 1288 ... interest on delayed
payment of gratuity, pension and family pension which reads as follows:-
" In all cases where provisional pension or provisional family pension
Central Civil Services (Pension) Rules, 1972 and further direct
them to release full pension along with arrear pension and
accrued interest thereunder.
f) Issue writ ... dealing with WPA 20662 of 2018
involved the grant of interest on arrears of pension which had not
been directed to be granted in favour
same was done without awarding any
interest, and the arrears of revised pension and arrear ROPA benefits
were left unpaid.
5. It was further pleaded ... representing the petitioner submitted the interest
on delayed retiral dues, arrear pension and arrear capital ROPA
constituted property rights within the meaning of Article 300A
entitle to pension and arrears of pension and whereas learned
AGP would submit that the State may not be saddled with
interest on the arrears ... petitioner would be entitled to arrears of
pension and regular payment of pension, the prayer for
payment of interest is hereby rejected.
10. In view
revised family
pension to the petitioner w.e.f. 01.01.2006 as per the revision of pay
Rules, 2009 alongwith pension arrear, interest ... year 2013, the
petitioner is not entitled to receive interest on the arrears of pension.
9. Considering the above, the petition is allowed. The petitioner
pension from the date after
the death of deceased employee which took place on 15.11.2017.
iii) From the arrears of Pension and Family pension ... deposits and
after such recovery and adjustment, the arrears of Pension and Family
pension shall be paid to the Petitioner.
iv) Let the exercise
difference in leave salary, difference in gratuity and
pension arrears with 10% interest as per 15th wage settlement dated
29.05.2025 to the petitioner.
For Petitioner ... difference in leave salary, difference in gratuity and pension arrears with
10% interest as per 15th wage settlement dated 29.05.2025 to the petitioner
retirement benefits including Gratuity arrears, commutation,
leave Surrender (EL and ML), IRT amount and DA arrears and pension
arrears with interest payable from the date ... retirement benefits including
Gratuity arrears, commutation, leave Surrender (EL and ML), IRT
amount and DA arrears and pension arrears with interest payable form
the date
from 22.09.1989 to 21.03.2002 on consolidated basis}
and sanction full pension with arrears with interest thereon at 12% per
annum ... from 22.09.1989 to 21.03.2002 on consolidated basis}
and sanction full pension with arrears with interest thereon at 12% per
annum.
2. By the Impugned Order
Nachimuthu for the period between 31.01.1998 and 29.03.1998 with
12% interest, pension arrear amount in respect of petitioner's mother
Tmt.Late Valliathal ... credible, they may take a decision to
release the arrears of pension amount. If interest is payable, the respondents
may examine the rate of interest
