Allowed

Gulshan Kumari v. State of Haryana & Ors.

Punjab & Haryana HC7 Mar 2013CWP/2930/1995

Case brief

AI extract

What is this about?

Allowed the petitions granting interest claims on previously paid pension arrears. The court allowed 9% per annum interest for a period starting three years prior to the filing of the writ petitions until the date of interest payment.

What did the court decide?

Petitioners entitled to interest at 9% per annum for a period of three years prior to the date of filing of the writ petition till the date of payment of interest.

Gulshan Kumari Vs State of Haryana… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

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CWP Nos. 2930 of 1995 CWP Nos. 4455 of 1995 CWP Nos. 8467 of 1995

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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CWP Nos. 2930 of 1995 Date of decision March 7, 2013

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Gulshan Kumari

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....... Petitioner

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Versus

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State of Haryana and others

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........ Respondents

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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Present:None.

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**** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No

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K. Kannan, J (oral).

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This order shall dispose of three connected

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writ petitions bearing CWP Nos.2930, 4455 and 8467 of 1995.

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The writ petitions are for grant of arrears of pay on the petitioners' entitlement to be given the selection grade. It is admitted by the petitioners that they have been granted the arrears of `93226/- in the year 1992 but the said amount had been paid without any interest.

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When this matter was brought up for hearing,

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it was adjourned to await the decision of the Full Bench in a case in CWP No.2883 of 1997 for consideration of a claim for interest for delayed payment of pension arrears. The Court observed that the

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CWP Nos. 2930 of 1995 CWP Nos. 4455 of 1995 CWP Nos. 8467 of 1995

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claimant would be entitled to 12% interest for the period of delay on the amounts paid to them. The payment of interest is a manner of bringing a reparation for the loss caused to a person who was entitled to an amount in law but being deprived to such a benefit in time by a willful conduct or lapse on the part of the party who was liable to make the payment. It is indeed discretionary at all times and dependent on the conduct of the person liable for causing such delay. In this case the petitioner has earlier filed a writ petition claiming for selection grade and the writ petition was withdrawn when the amount claimed by the petitioners has been paid. The petitioners still have a grievance that the amounts which were paid were only with reference to the principal and interest had not been given. It appears that a legal notice had been issued prior to the institution of the writ petition contending that interest was not paid and that therefore the liability to pay the interest shall arise from 1.10.1973 till the date when the payment was made.

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I do not find any statement filed by the State for all this period. I, therefore would take that there is no justification offered by the State in not making the payment which was due to the petitioners within time. The claim for interest cannot arise even from the date when the petitioners were entitled to the selection grade. If payments were made subsequently on 5.3.1992 I would assume that the claim for interest should be only for a period of three years prior to the date when the writ petition was filed. The petitioners would therefore be entitled to claim interest at the rate of 9% per annum for

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CWP Nos. 2930 of 1995 CWP Nos. 4455 of 1995 CWP Nos. 8467 of 1995

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a period commencing three years prior to the date of filing of the writ petition till the date of payment of interest on the respective amounts

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which were calculated and paid to the petitioners.

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All the writ petitions are allowed to the above

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extent.

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(K. KANNAN) JUDGE

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March 7, 2013 archana

Gulshan Kumari v. State of Haryana & Ors.

Case brief

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Gulshan Kumari v. State of Haryana & Ors.

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