Allowed

Mehar Singh v. State of Haryana and Ors.

Punjab & Haryana HC19 Dec 2023CWP/2008/2020

Case brief

AI extract

What is this about?

In CM-20411-CWP-2023, the Court allowed an application to record a replication to the written statement. In CWP-2008-2020, addressed arrears of revised pension, the Court deferred relief, directing respondents to pass an appropriate order within two months regarding commutation, interest, and arrears.

What did the court decide?

The composite petition was disposed of by ordering the respondents to consider the petitioner's claim for pension commutation, arrears, and interest within two months.

Mehar Singh Vs State of Haryana and… — Pension and Retirement Benefits | Punjab & Haryana HC (2023)

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CM-20411-CWP-2023 in/and CWP-2008-2020 (O&M) 1 2023:PHHC:162801 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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105+226 CM-20411-CWP-2023 in/and CWP-2008-2020 (O&M) Decided on : 19.12.2023

Mehar Singh

. . .Petitioner

Versus

State of Haryana and others

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. . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

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PRESENT: Mr. Dilbagh Singh, Advocate for the petitioner.

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Mr. Harish Rathee, Sr. DAG, Haryana. ****

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HARSIMRAN SINGH SETHI, J. (Oral)

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CM-20411-CWP-2023

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Prayer in the present application is for placing on record the replication to the written statement filed by the official respondents.

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Keeping in view the averments mentioned in the application, the same is allowed. Consequently, replication ot the written statement filed by the official respondents is ordered to be taken on record.

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Civil Miscellaneous application stands disposed of.

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CWP-2008-2020

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In the present petition, though number of reliefs have been asked for but the learned counsel for the petitioner has only pressed that keeping in view the revision of pension as granted to the petitioner vide order dated 11.08.2017 (Annexure P-10) by which, the pension of the petitioner has been revised from the initial date from Rs. 4465/- per month to Rs. 4700/- per month, the petitioner be released the arrears of pesnion as per the revised commutation of the pension for which he is entitled for.

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RIYA 2023.12.20 17:21 I attest to the accuracy and integrity of this document

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CM-20411-CWP-2023 in/and CWP-2008-2020 (O&M) 2

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2023:PHHC:162801

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Learned cousnel for the petitioner submits that once the pension of the petitioner has been revised from the due date, the commutation of pension has been done the basis of the pension which the petitioner was entitled for whereas the commutation of pension has been given at the rate of Rs. 4465/-per month whereas the same is libale to be revised in accordance with the revised pension at the rate of Rs. 4700/- per month. Learned counsel for the petitioner submits that the respondents be directed to release the same alongwith arrears and interest.

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Learned counsel for the respondents submtis that the claim of the petitioner will be considered and an appropriate order will be passed for the grant of commutation of pension at the rate of Rs. 4700/- per month alongwith arrears within a period of two months from the date of receipt of certified copy of this order.

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At this stage, learned counsel for the petitioner submits that as the respondents had taken nine years to revise the actual pension of the petitioner for which the petitioner he was entitled for, hence, the petitioner is also entitled for the interest on the arrears, keeping in view the settled principle of law as settled by the Coordinate Bench of this Court in J.S. Cheema Vs. State of Haryana, 2014(13) RCR (Civil) 355, wherein it is held that an employee will be entitled for the interest on an amount which has been retained by the respondents without any valid justification. The relevant paragraph of J.S. Cheema's case (supra) is as under: -

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“In my opinion, even if the assertion made in the written statement is presumed to be correct it would not disentitle the petitioner for claiming interest. The jurisprudential basis for grant of interest is the fact that one person's money has been used by

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RIYA 2023.12.20 17:21 I attest to the accuracy and integrity of this document

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CM-20411-CWP-2023 in/and

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CWP-2008-2020 (O&M) 3 2023:PHHC:162801 somebody else. It is in that sense rent for the usage of money. If the user is compounded by any negligence on the part of the person with whom the money is lying it may result in higher rate because then it can also include the component of damages (in the form of interest). In the circumstances, even if there is no negligence on the part of the State it cannot be denied that money which rightly belonged to the petitioner was in the custody of the State and was being used by it.”

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Learned cousnel for the respodnents submits that the claim of

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the petitioner for the grant of interest on the arrears will be considered and an appropriate order will be passed keeping in view the judgment passed by the Coordinate Bench of this Court in J.S. Cheema's case (Supra), within a period of aforesaid two months from the date of reciept of certified copy of this order.

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Learned counsel for the petitioner submits that keeping in view the satement of learned State counsel recorded herein before, the present petition may kindly be disposed of having been not pressed any further.

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Ordered accordingly.

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(HARSIMRAN SINGH SETHI) JUDGE

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19.12.2023 Riya

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Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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RIYA 2023.12.20 17:21 I attest to the accuracy and integrity of this document

Mehar Singh v. State of Haryana and Ors.

Case brief

What is this about?

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Mehar Singh v. State of Haryana and Ors.

Case brief

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