Rate of interest in case of accrued arrears on account of pensionary and retiral benefits

kewal singh paneser (Querist) 07 March 2012 This query is : Resolved
The Hon'ble high court of pb and haryana has allowed a petition in case of pensionary and retiral benefits in my favour without mentioning the rate of interest at which the accrued arrears have to be paid. what can i do?

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Kirti Kar Tripathi (Expert) 07 March 2012
This order says nothing regarding interest. It has simply directed that the respondent University to grant benefit of past service in view of Rules 3.13/3.14 as well as clarification, after all formalities as required under law. Thus in my opinion, You place your claim with interest as you claimed in your petition i.e. 18%. Let the university refuse, you challenge the same. In think, you will be allowed interest at least preveling Bank interest.

Raj Kumar Makkad (Expert) 07 March 2012
There is no specific order qua interest so you have no entitlement for interest. If case you are aggrieved with the judgment, file SLP before Hon'ble Apex Court.

Guest (Expert) 07 March 2012
Dear Kewal Singh,

I hope your advocate would have apprised you about his interpretation about the judgment.

However, to be frank, the judgment of the SC has merely given direction to grant benefit of past service without making any mention whether interest be allowed or not. The judgment, however states that in case the petitioner is still aggrieved, he is at liberty to avail of alternative remedies in accordance with law.

So, you may first have to wait for the sanction of retirement benefit whether the University includes any interest therein or not. Normally pension does not attract interest element unless directed by a competent court of law. However, as per ruling position, gratuity should be allowed along with interest at the prevalant Fixed Deposit interest rates from time to time for the period of delay of grant of gratuity.

So, better wait patiently till the pension & gratuity is actually sanctioned and file a writ petition for interest at the rate of 18% even for the delay of grant of pension, along with costs of the court cases thereafter if no interest is not granted.

Deepak Nair (Expert) 07 March 2012
The judgment says that "the present petition is disposed of with a direction to the respondent University to grant benefit of past service in view of Rules 3.13/3.14 as well as clarification, after all formalities as required under law."
Thus, you will receive interest wherever applicable.

It is also held by the court that:- "In case the petitioner is still aggrieved, he is at liberty to avail of alternative remedies in accordance with law."
Thus, if applicable interest is not paid by the University, you can approach the court again, as directed, for recovery of the same.