IN THE HIGH COURT OF CHHATTISGABH AT BIIASPUR W.P.No !^' of 2000 PETITIONER Ku.Suchitra Das D/o Late Nandlal Das, aged about 62 years, Retired Education Officer, Municipal Corporation, Raipur Resident of Raipur Tahsil and District Raipur. VERSUS RESPONDENTS : '7( 1) Municipal Corporation,Raipur through The Commissioner, Municipal Corporation,Raipur Tahsil and Distt. Raipur 2) Mayor-in-Counsil, Municipal Corporation, Raipur Tahsil & Distt. Raipur 3) The Commissioner, Municipal Corporation,Raipur Tahsil and Distt. Raipur. PETITION UNDER ARTICLE^26 OF TBE CONSTITUTION OF INDIA FOR ISSUE OF AN APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT ETC. HI6H COURT OT CHHATTTS6ARH AT BILASPUR W. P. No. 122/2000 Petitioner Versus Ku. Suchitra bas Municipal Corporation, Raipur <& o-thecs SB; Hon'ble Mr. Justice Satish K. Agnfhotri. J Shri S.K. Beriwal, counsel for the petitioner. Shri Ashish Shrivastava, counsel for the respondents. OR&ER I: & (31st August, 2006) The following order of the Court is passed by Satish K. nihotri, J. 1. The petitioner, who vws working as Education Officer with the Municipal Corporation, Raipur, retired on superannuation on 31.1.1998. 2. Leamed counsel appearing for the petitioner submits that under the provisions of the Madhya Pradesh Civil Services (Pension) Ruies, 1976, the petitioner ought to have been paid retiral dues within a reasonable time. The petitioner was paid his ali retirat dues.on 6.1.2003. 3. According to leamed counsel for the petitioner, if the payment of retiral dues is not made within a reasonable time, the pensionary empioyee is entitled to interest at commercial rate. ^^TFs^^%;^3;j \ 4. Leamed counsel oppearing for the respondents, per contra, submits that there is no provision for payment of interest under the law. However, in the facts cnd circumstances of the case when the petitioner has been denied the benefit of pension for a long time of 5 years, applying the principtes of resti+ution, the petitioner is entitled to interest as per bank rate payable in savings account. 5. Accordingly, the petitioner is grnnted interest a+ the rate of 6%. The respondents are directed to caiculate the interest at the rate of 6% for deloyed payment and make the payment within a reasonable period of two months from •the date of receipt of a copy of th's order. 6. The writ petition is allowed to the above extent. No order cis to costs. Sd/- Satish K. Agirihotri Judge . Bablu