State of Punjab v. Joginder Singh
Case brief
What is this about?
The document contains only a fragmentary extract — an attestation block and a quoted passage stating that pension must be disbursed within two months of retirement, failing which the retiree is entitled to interest, generally at 12% and up to 18%. No bench, parties, or disposition are identifiable.
What the court decided
Sr.No.220
ASHISH 2024.10.22 18:55 I attest to the accuracy and integrity of this judgment/order
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ASHISH
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2024.10.22 18:55 I attest to the accuracy and integrity of this judgment/order
“xxxx xxxx xxxx
8. Since a government employee on his retirement becomes immediately entitled to pension and other benefits in terms of the Pension Rules, a duty is simultaneously cast on the State to ensure the disbursement of pension and other benefits to the retirer in proper time. As to what is proper time will depend on the facts and circumstances of each case but normally it would not exceed two months front the date of retirement which time limit has been laid down by the Apex Court in M. Padmanabhan Nair's case (supra). If the State commits any default in the performance of its duty thereby denying to the retiree the benefit of the immediate use of his money, there is no gainsaying the fact that he gets a right to be compensated and, in our opinion, the only way to compensate him is to pay him interest for the period of delay on the amount as was due to him on the date of his retirement. Again, as to what should be the rate of interest, it should, in our view, be generally 12% unless the circumstances of a particular case warrant the payment of a higher rate which may extend to even 18%.
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · August
- Registered
- Case no.
- RSA/3875/2000
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