RANCHI, India, Nov. 6 -- Jharkhand High Court issued the following order on Oct. 6:

1. Having heard learned counsel for the appellants and for the reasons stated in the present Interlocutory Application, we find sufficient cause to condone the delay of 175 days that has crept into filing the appeal.

2. Accordingly, the present Interlocutory Application is allowed and the delay of 175 days in filing the appeal is condoned.

L.P.A. No. 398 of 2025

3. Heard the learned counsel appearing for the appellants-State.

4. The instant appeal has a chequered history.

5. The parties shall be referred to as they were before the learned Writ Court.

6. The writ petitioner had earlier preferred W.P. (S) No. 420 of 2020 for grant of statutory interest on delayed payment admissible to him on account of entire pensionery benefits including ACP benefits and House Rent Allowance from 05.05.2000 to 05.07.2006, as the petitioner had been duly exonerated of the charges that had been framed against him.

7. While disposing of the aforesaid writ petition, the learned Writ Court vide order dated 08.09.2021 directed the respondents (appellants herein) to pay the interest on the entire pensionery benefits as well as House Rent Allowance from the date it fell due till the date of its actual payment.

8. The respondents unsuccessfully assailed the said order by filing L.P.A. No. 385 of 2021 which came to be dismissed.

9. Since the respondents did not comply with the order passed by the learned Writ Court as also affirmed in the aforesaid Letters Patent Appeal, the petitioner was constrained to file Contempt Case (Civil) No. 56 of 2022, wherein the respondents filed the show-cause stating therein that the interest on the delayed payment of entire pensioner benefits as well as his House Rent Allowance had been extended to the petitioner.

10. Accordingly, the Contempt Case was dropped vide order dated 15.09.2023 with liberty to the petitioner to take recourse of law available to him for claiming other balance amount towards interest.

11. Accordingly, the petitioner once again approached the Writ Court by filing W.P. (S) No. 2279 of 2024 claiming interest on the delayed payment of ACP benefits.

12. The learned Writ Court vide order dated 27.11.2024 held that the petitioner was entitled to interest on entire benefits that had been extended to him in light of the order dated 08.09.2021 passed in W.P. (S) No. 420 of 2020, therefore, the respondents were bound to pay the interest on the 1st ACP and 2nd ACP which had been extended to the petitioner with effect from 09.08.1999 vide Notification No.1648 dated 29.03.2017 and the actual monetary benefits in fact had been made to the petitioner only on 14.03.2018.

13. Aggrieved by the aforesaid order dated 27.11.2024, the State has filed the instant appeal.

14. It is vehemently contended by Sri Ashwini Bhushan, A.C. to learned Sr. S.C.-II appearing for the respondents (appellants herein), that since the entire amount had been paid along with interest and the Contempt application preferred by the petitioner has been dropped, therefore, the learned Writ Court could not have awarded interest on the ACP benefits which was paid after some delay.

15. However, we find no merit in the said contention, as, it is more than settled that salaries and pensions are rightful entitlements of government employees and in case of any delay, they should be paid with interest. Reference in this regard can conveniently be made to the judgment of the Hon'ble Supreme Court in State of Andhra Pradesh and Another v. Dinavahi Lakshmi Kameswari [2021 11 SCC OnLine SC 237].

16. In Dr. A. Selvaraj v. C.B.M. College and Others [(2022) 4 SCC 627], the Hon'ble Supreme Court held that if a public servant is entitled to any monetary benefit / upgradation, the same is to be granted in favour of such public servant without any delay and if there is any delay, the consequential benefit in terms of money is required to be paid along with interest.

17. In view of the settled position of law and the admitted facts, obviously this appeals sans merits and is, accordingly, dismissed.

18. Pending application(s), if any, shall stand closed.

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