In a writ petition under Article 226, the High Court of Punjab and Haryana directed the State to pay 9% annual interest on delayed retirement benefits and revise the petitioner's pension within two months.
Order allowing petition and directing payment of 9% interest on delayed benefits and revision of pension within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No.15141 of 2009
DATE OF DECISION : AUGUST 25, 2010
GURBACHAN SINGH
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Ms. SG Singh, Advocate, for the petitioner(s). Mr. JS Puri, Addl.AG, Punjab.
AJAI LAMBA, J. (Oral)
Civil Writ Petition No.15141 of 2009
2
with respondent No.5 i.e. Senior Medical Officer, Public Health Centre, Chinarthal Kalan, Fatehgarh Sahib. The respondents were required to release the retiral benefits which, however, was not done. The petitioner served a legal notice on 1.3.2008, however, no action was taken, whereupon the petitioner was constrained to file CWP 5681 of 2008. The said petition was disposed of vide order dated 4.4.2008 (Annexure P-1) with a direction to the respondents to take a decision in regard to the legal notice within two months. It has been pleaded that in pursuance to the order (Annexure P-1), vide order dated 16.7.2008 (Annexure P-2), after five years of retirement of the petitioner, the amount of General Provident Fund amounting to Rs.1,14,333/- was released, however, without interest. The benefit of 24 years of service under the Assured Career Progression Scheme was granted to the petitioner vide order dated 18.7.2008 (Annexure P-3), and arrears of Rs.33,755/- were granted to the petitioner, without interest.
A perusal of the reply does not show that the petitioner has been at fault in completing the formalities for release of retiral benefits.
In view of the specific pleaded case of the petitioner that the respondents are at fault for delay in release of retiral benefits and the fact that no reasons have been assigned by the respondents in their reply for delay in payment, I am of the opinion that the petitioner is entitled to interest at the rate of 9% per annum on delayed payment.
This petition is, accordingly, allowed.
The respondents are directed to pay interest at the rate of 9% per annum with effect from 30.8.2003 to the petitioner on delayed
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payment of retiral benefits, including on benefit under the Assured Career Progression Scheme. The respondents are further directed to revise the pension of the petitioner, as per the stand of the respondents taken in para6 of the reply (on merits) within two months of receipt of certified copy of
this order.
August 25, 2010 ( AJAI LAMBA ) Kang JUDGE
3 issues framed by the court
Whether the petitioner is entitled to interest on delayed payment of retirement benefits including arrears under the Assured Career Progression Scheme.
Whether the petitioner can direct the respondents to revise his pension within two months.
Whether General Provident Fund delay warrants payment of interest at 9% per annum.
1 provisions across 1 enactments
Gurbachan Singh
State of Punjab
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
