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Avtar Singh Basra v. Kulbir Singh & Anr.

Punjab & Haryana HC23 Jan 2012COCP/2047/2010

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What is this about?

This is a contempt proceeding arising from a delay in releasing retiral benefits. The court clarified that interest on the gratuity and other dues shall be calculated from the date of retirement (01.02.2001) instead of the actual payment date, to obviate hardship to the exonerated petitioner.

What did the court decide?

Interest at 7% per annum from 01.02.2001 to actual realization; arrears to be paid within four months.

Avtar Singh Basra Vs Kulbir Singh… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

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COCP No. 2047 of 2010 . [O&M] Date of Decision: 23^rd January, 2012 .

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Avtar Singh Basra Petitioner through Mr. A.K.Khunger, Advocate

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Versus

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Shri Kulbir Singh & Anr. Respondents through Mr. M.C.Beri, Addl. AG, Punjab.

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CORAM:

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HON'BLE MR. JUSTICE SURYA KANT.

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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SURYA KANT, J. [ORAL]

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The petitioner retired from service w.e.f. 31.10.2000. Some of his retiral benefits were not paid for a long period which prompted him to approach this Court in CWP No. 1750 of 2010 wherein vide order dated 03.02.2010 the respondents were directed to take a decision on the pending claim of the petitioner and release the due amount with interest @7% per annum.

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It appears that some inquiries were pending against the petitioner which were finally dropped and the balance amount of gratuity to the tune of `3,50,000/- was released on 6.12.2010 along with interest @7% per annum w.e.f. 11.01.2010 on the premise that the inquiry proceedings were dropped against the petitioner on the said date. The petitioner consequently alleges willful disobedience of the above-stated order.

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COCP No. 2047 of 2010. ::-2-::

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It may though be difficult to hold that the respondents have willfully and deliberately violated the court orders, however, in order to obviate further hardship to the petitioner, I deem it appropriate to dispose of these contempt proceedings with a clarification that once the disciplinary proceedings have been dropped and the petitioner has been exonerated of the charges, his claim of the grant of interest shall relate back to the date of retirement. Since three months time is treated to be sufficient period for the release of retiral benefits, it is directed that the petitioner shall be entitled to simple interest @ 7% per annum, as directed by this Court vide order dated 03.02.2010, w.e.f. 01.02.2001 till actual realization of the amount. The arrears of interest shall be paid to the petitioner within a period of four months from the date a certified copy of this order is received.

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Disposed of. Dasti .

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January 23, 2012. ( SURYA KANT ) dinesh JUDGE

Avtar Singh Basra v. Kulbir Singh & Anr.

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Avtar Singh Basra v. Kulbir Singh & Anr.

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