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Ramanand Prasad v. Basic Shiksha Adhikari And Others - WRIT - A No. 16215 of 2005 [2006] RD-AH 8527 (27 April 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Tarun Agarwala,J.

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

Inspite of time being granted on 10.3.2005, 6.5.2005 and again on 5.4.2006 no counter affidavit has been filed. Consequently, the averments contained in the writ petition remains unrebutted. The petitioner is, therefore, entitled for the relief claimed. It transpires that the petitioner retired on 1.5.1998 and his retirement benefits were eventually paid in December, 2003. The petitioner contends that he is entitled for payment of interest on account of belated payment.  Since no counter affidavit has been filed, the averments contained in the writ petition remains unrebutted and, therefore the petitioner is entitled for the relief of interest on the delayed payment. However, since the amount of interest cannot be computed by this Court and the claim for payment of interest @ 18% per month seems to be excessive, however, remitting the matter to the authority would also serve no useful purpose, inasmuch as, the petitioner would be unnecessarily harassed. Consequently, in the opinion of the Court a sum of Rs.25000/- would be sufficient towards interest. The said amount shall be paid by the respondents within two months from the date of the production of a certified copy of this order.

The writ petition is disposed of with the aforesaid observations.


AKJ(WP 16215/05)


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