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Sewak Ram Sharma v. State of Hp and Ors.

Himachal Pradesh HC18 May 2023CWP/66/2023

Case brief

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What is this about?

The Court disposed of a writ petition seeking interest on retained Government Provident Fund accumulation. It directed respondents to claim the fund without demanding interest or ordered 9% simple interest per annum on GPF accumulation to the petitioner.

What did the court decide?

Directing respondents to pay simple interest @ 6% on GPF accumulation; failing which 9% interest shall be payable.

Sewak Ram Sharma Vs State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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CWP No. 66 of 2023 Date of decision: 18.05.2023

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_____________________________________________________ Sewak Ram Sharma …..Petitioner Versus State of H.P. & others …Respondents ________________________________________________________ Coram:_ The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?¹ ____________________________________________________________ For the petitioner : Mr. Vinod Chauhan, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Additional & Ms. Sharmila Patial, Additional Advocates General, Ms. Priyanka Chauhan, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for respondents No. 1 to 3. Mr. Karun Negi, Advocate, for respondent No. 4.

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Tarlok Singh Chauhan, Acting Chief Justice (Oral)

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This writ petition has been filed by the petitioner

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with the following main relief:

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“That directions may kindly be issued to the respondents to pay the interest upon the retention of GPF accumulation of the present petitioner @ 9% per annum alongwith compounding interest till date.”

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1 Whether the reporters of Local Papers may be allowed to see the judgment?

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In the reply filed by the respondents, the factum of

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delay in releasing GPF has not been specifically denied. If that be so, obviously, the petitioner cannot be denied the payment of interest upon the retention of GPF accumulation. Therefore, we deem it appropriate to dispose of this petition by directing the respondents to pay simple interest @ 6% on the GPF accumulation which was illegally retained by the respondents. Ordered accordingly. The needful be done on or before 22.06.2023 , failing which, the respondents shall be liable to pay interest @ 9% on the GPF accumulation to the petitioner.

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Pending application(s), if any, stands disposed of.

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(Tarlok Singh Chauhan) Acting Chief Justice

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May 18, 2023

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(hemlata)

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(Satyen Vaidya) Judge.

Sewak Ram Sharma v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

Sewak Ram Sharma v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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