OfcWUSi ^^l^/ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION ( S ) No. •^\'^\ Of 2009 PETITIONER: RESPONDENTS: ^y^ €M/ IfK &°' .^'^. v*- *; ^^ .'sr' •^•'^' <^-" ^ Smt. Mankunwar Bai Wd/o Late Shri Sitarain Gangwal, aged about 63 years, R/o Village Majalgondi, Post Pond, District Durg (CG). Versus 1. The State of Chhattisgarh, through the Secretary, Tribal Welfare Department, Mantralay at D.K.S. Bhawan, Raipur (CG). '2. The Accountant General, Chhattisgarh, Raipur (CG). 3. The Collector , District South Bastar Dantewada (CG). ^A. The Assistant Coininissioner, Tribal Wetfare , South Bastar Dantewada (CG). ^5. The Block Education OfGcer, Block Katekalyan, District South Bastar Dantewada (CG). ^" WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA L-EAETLCUI- HjGHCQURT OF CHHATTiSGARH : Bii-ASPUR PETIT10NER RESPONDENTS WRIT PETiTiON ,/S) N0. 5151 OF 2008 Smt. Mankunwar Bai Versus The Siate of ittisQsrh & (Writ Detition under Articis 226 ofthe Constitufion of India) ' SingSe Bench : Hon'bse Shri Saflsh K. Agnihotri, J. Pressnt:- Shri Rakesh Anfhony, counse! for fhe pefiii'oner. Shri P.K. Bhaduri, Panei Lawyer for the State. Shri K. Shaksei, counsel for the respondent No.2. (Pssssd ofi ^ils 1 ? cisv of S$ot9imbor. 20CI9) With the consent of iearned counsei agpearina for the oarties, the petition is hsard finaliy. Learned counsei appearing for the petiiioner submits that the Generai Provlcient Fund (for short "the GPF") of the husband of the Detitionsr became due in June, 19S3 wheress fhe pavment was released in ths rnonth of February', 2009 and, as such, ih®petltioner is entiiied jnterest at ths rate of 18% per annum. Learned counsei SDpearina for the resDonderst No.2 submlts fhat the calculation siieet (Annexure - P/7) cleariv indieates ihat the rats of interest as prevaiiing st that point of time has bsen glven to the oeiitioner like in the vear 1369-70 the rate of interest was 5.25. in the year 1S84-85 it was 10% and thereafter it was 12% tili 19W-2000. Tne oetitioner is entitled interest at the rate notified bv the Government of india. tjme to time. Since the Deti'tioner has aireadv been Daid interest, she is not enutied to anv othei' Interest DarticuSariv ai the commerciai rate i.e. @18% per annum. o. 7. Learned counsei for the petitioner has filed a copy of circutar dated 23-12-2005 wherein the interest rate was @ 8% on unpaid GPF. 'he petitioner hss been granted interest ©.8% accordingly. After hearing iearned counsei for the oartiss and oerusai of the record, 1 do not find that the interesi grarsted by the respondent No.2 is tess or iiiegal The Interest has been granted to the oetitloner strictlv in accordance wlth the cireu!srs issued bv the Govsrnment of India time to time. Grant of 18% cofflmercial interest has no basis, as in the case or GPF the ostitioner is entltled to interest on the Drevaiima rate tili the savment is made. There is no merit in the case and, as such, no interference is warranted. In view of foreaoina, the writ taetition is dismlssed at the motion siage itseif. Certlfied copv of this order be suopiied to the psrties, oniy after incorooratinQ the necessary amendments in the writ petitlon by the netitioner. Uov/n Sd/- Satish K. Agnihotri Judge